June 23 CBP Bulletin Proposes to Revoke, Modify Rulings on Wi-Fi Infrared Motion Sensors, Hearing Amplification Devices
In the June 23 Customs Bulletin (Vol. 55, No. 24), CBP published a proposal to revoke and modify rulings on Wi-Fi motion sensors and hearing amplification devices.
Comments on Proposals Due July 23
CBP said consideration will be given to any written comments received by July 23 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 subsequent to 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.
Wi-Fi Infrared Motion Sensors
| Item: Wi-Fi enabled D-Link motion sensors |
| Current: 8543.70.4000, 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.” |
| Proposed: 8531.80.90, Free, “Electric sound or visual signaling apparatus...: Other apparatus: Other.” |
| Reason: Heading 8543 excludes electrical apparatus that are specified or included elsewhere in chapter and the sensors are better classified in heading 8531, CBP said. |
| Proposed for modification: NY N255515, dated Aug. 21, 2014 |
| Proposed new ruling: HQ H276956 |
Hearing Amplification Devices
| Item: Hearing amplifier kit |
| Current: 9021.40.0000, Free, “Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Hearing Aids, excluding parts and accessories thereof.” |
| Proposed: 8518.40.20, 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: Audio-frequency electric amplifiers: Other.” |
| Reason: The products are amplifiers, rather than hearing aids. “Personal sound amplifying products are designed to boost environmental hearing for people without hearing loss. Some people might use PSAPs as over-the-counter hearing aids as a way to cut costs and avoid spending money on a certified hearing aid, but audiologists and doctors warn against the practice,” CBP said. “Hearing aids perform a complex purpose that depends on the wearer, whereas amplifiers boost all sound.” |
| Proposed for revocation: NY N283085, N166443, N025447 and D80822, dated Feb. 28, 2017, May 31, 2011, April 18, 2008, and Aug. 11, 1998, respectively |
| Proposed new ruling: HQ H313006 |