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Dec. 15 CBP Bulletin Proposes to Revoke Rulings on Hydraulic Dock Leveler

In the Dec.15 Customs Bulletin (Vol. 55, No. 49), CBP published a proposal to revoke rulings on hydraulic dock levelers.

Comments on Proposals Due Jan. 14

CBP said consideration will be given to any written comments received by Jan. 14 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.

Hydraulic Dock Leveler

Item: A dock leveler is a tilting platform which is affixed to a pit in a truck dock.
Current: 8428.90.0090, Free, "Other lifting, handling, loading or unloading machinery: other machinery: other: other."
Proposed: 8479.89.94, 2.5%, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other...."
Reason: The hydraulic dock leveler possesses a distinct individual function: acting as a level bridge between the loading dock and truck trailers, across which cargo can move between the two.
Proposed for revocation: NY I81157, dated May 17, 2002.
Proposed new ruling: HQ H321511