Jan. 26 CBP Bulletin Proposes to Revoke Rulings on Silicone Parts, Magnetic Sleeve
In the Jan. 26 Customs Bulletin (Vol. 56, No. 3), CBP published a proposal to revoke rulings on silicone parts and magnetic sleeves.
Comments on Proposals Due Feb. 25
CBP said consideration will be given to any written comments received by Feb. 25 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.
Silicone Parts
| Item: Silicone parts of a medical device that is used with a metered dose inhaler (“MDI”) to deliver aerosol medication |
| Current: 9019.20, “Mechano-therapy appliance; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof: Ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof.” |
| Proposed: 3926.90.99, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.” |
| Reason: The legal text of the heading does not provide for parts of accessories. |
| Proposed for modification: HQ 558009, dated Nov. 10, 1994 |
| Proposed new ruling: HQ H312164 |
Magnetic Sleeves
| Item: Magnetic sleeves used to hold screwdriver bits |
| Current: 8505.90.40, Free, “Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; Other, including parts; Workholders and parts thereof..” |
| Proposed: 8505.11.00, 2.1%, “Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof: Permanent magnets and articles intended to become permanent magnets after magnetization: Of Metal.” |
| Reason: The permanent magnet provides the essential character. The magnet in the sleeve holds a screw in place while it is being driven into wood or some other material. For instance, it prevents the screw from falling out of alignment or rotating when the drill is operated. The magnet also holds the screw straight while drilling at unusual angles and/or in hard-to-reach places and prevents it from falling off the bit. In essence, it obviates the need for the user of a drill or screwdriver to steady the screw with his or her hand. Therefore, the permanent magnet in the sleeve provides the essential character of the good. |
| Proposed for revocation: NY N306102, dated Oct. 1, 2019 |
| Proposed new ruling: HQ H305588 |