Dec. 29 CBP Bulletin Proposes to Revoke Rulings on Elevator Guide Railes

January 10, 2022 |Customs

In the Dec. 29 Customs Bulletin (Vol. 55, No. 51), CBP published a proposal to revoke rulings on elevator guide rail sections.

Comments on Proposals Due Jan. 28

CBP said consideration will be given to any written comments received by Jan. 28 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.

Elevator Guide Rails

Item: T-shaped sections of hot-rolled, non-alloy steel used as elevator guide rails

Current: 8431.31.00, 2%, “Parts suitable for use solely or principally with the machinery of headings 8425 to 8430: ... Of machinery of heading 8428: ... Of passenger or freight elevators other than continuous action, skip hoists or escalators.”

Proposed: 7216.50.0000, Free, “Angles, shapes and sections of iron or nonalloy steel: Other angles, shapes and sections, not further worked than hot-rolled, hotdrawn or extruded.”

Reason: The T sections are not unfinished guide rails and must be fabricated and installed on the hoist way wall with significant other components before becoming guide rails for use with an elevator. As such, the T-shaped sections cannot be considered a blank of a guide rail.

Proposed for revocation: HQ 965520, dated July 9, 2002, and NY 898929, dated July 6, 1994

Proposed new ruling: HQ H304529