May 10 CBP Bulletin Proposes to Modify Rulings on Beverage Dispenser Machines and a Transducer Array
In the May 10 Customs Bulletin (Vol. 57, No. 18), CBP published proposals to revoke rulings on beverage dispenser machines and a transducer array.
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Comments on Proposals Due June 9
CBP said consideration will be given to any written comments received by June 9 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Beverage Dispenser Machines
| Item: Drop-in ice/beverage dispensers. The freestanding dispensers are made of stainless steel and are designed to chill and dispense soda and non-carbonated beverages. The dispensers incorporate mixing valves that allow the components of a beverage to be mixed and ultimately dispensed on demand. They can be found in restaurants, supermarkets and cafeterias. |
| Current: 8481.80.9050, 2%, “Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: Other appliances: Other: Other: Other.” |
| Proposed: 8481.80.9005, 2%, “Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: Other appliances: Other: Solenoid valves.” |
| Reason: The principal function of the beverage dispenser machines is to mix and dispense ice and beverages and the solenoid valves are the components that perform this function. Therefore, the beverage dispenser machines are to be classified as if consisting of solenoid valves |
| Proposed for modification: N047175, dated Jan. 13, 2009 |
| Proposed new ruling: H317696 |
Transducer Array
| Item: A transducer array used as a part of the Novocure Therapy Delivery System. The array consists of multiple interconnected electrical transducers designed to be adhered directly to the head or other area where an individual has been diagnosed with cancer. When connected to the electrical field generator within the system, the transducer arrays create an alternating electrical field that attracts and repels charged proteins during cancer cell division. |
| Current: 8543.70.45, 9817.00.96, free, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft: Other.” |
| Proposed: 8543.70.45, 2.6%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft: Other.” |
| Reason: The transducer arrays are specially designed for use by individuals who suffer from cancer. While CBP recognizes that cancer can cause chronic pain and substantial limitations to an individual’s life activities, it does not find that cancer constitutes a permanent or chronic physical or mental impairment. |
| Proposed for modification: N319324, dated May 25, 2021 |
| Proposed new ruling: H330926 |