April 24 CBP Bulletin Proposes to Revoke Rulings on Wireless Headphone Sets
In the April 24 Customs Bulletin (Vol. 58, No. 16), CBP published a proposal to revoke ruling letters concerning wireless headphone sets from China, Mexico and an undisclosed country.
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Comments on Proposal Due May 24
CBP said consideration will be given to any written comments received by May 24 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.)
Proposal
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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Wireless Headphone Sets From China, Mexico, Other Country
| Item: Wireless headphone sets from China, Mexico and an undisclosed country of origin |
| Current: 8517.62.0050, free, "Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other." |
| Proposed: 8518.30.20, free, "“Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets; parts thereof: Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers: Other.” |
| Reason: The wireless connectivity facilitated by the Bluetooth transceivers is analogous to the connectivity found in wired headphones. In other words, the transmission and reception functions inherent to the subject devices are intermediate steps or ancillary features that complement the devices’ ultimate principal function, which is to convert incoming and outgoing signals into sound – that is, to function as headphones combined with microphones. |
| Proposed for revocation: NY N012174 dated June 12, 2007, NY N012171 dated June 12, 2007, NY N022197 dated Feb. 19, 2008, NY N022195 dated Feb. 20, 2008, NY N022204 dated Feb. 20, 2008, NY N170023 dated July 8, 2011, NY N220756 dated June 28, 2012, NY N240329 dated April 22, 2013, and NY N269695 dated Oct. 30, 2015 |
| Proposed new ruling: HQ H317791 |