Sept. 22 CBP Bulletin Proposes to Revoke Rulings on Fleet Telematics Devices
In the Sept. 29 Customs Bulletin (Vol. 55, No. 38), CBP published a proposal to revoke rulings on fleet telematics devices.
Comments on Proposals Due Oct. 29
CBP said consideration will be given to any written comments received by Oct. 29 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.
Fleet Telematics Devices
| Item: Telematics devices, also commonly referred to as telemetry devices or fleet/ asset/cargo management devices or trackers. The subject telematics devices measure and/or collect data at remote points and transmit/receive data via integrated cellular modems to the end user. |
| Current: 8517.62.00, Free, "Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” |
| Proposed: (1) 8526.91.00, Free, “[R]adar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio navigational aid apparatus:." (2) 9031.80.80, Free, “[M]easuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: other instruments, appliances and machines: other." |
| Reason: As it is not possible to determine which component imparts the principal function to the subject merchandise, classification is determined pursuant to GRI 3(c), which provides that goods are to be classified in the heading that occurs last in numerical order among the competing headings that equally merit consideration. |
| Proposed for revocation: NY N304264, dated May 22, 2019; NY N213872, dated May 16, 2012; NY N108329, dated June 28, 2010; NY N300201, dated Sep. 11, 2018; NY N301862, dated Dec. 11, 2018; NY N201495, dated Feb. 14, 2012; NY N108330, dated June 22, 2010; and NY N148555, dated March 3, 2011 |
| Proposed for modification: NY N168766, dated June 21, 2011 |
| Proposed new ruling: HQ H312223 |