August 22, 2007 CBP Bulletin Notice on LCD Video Projector Lamp Assembly Unit
In the August 22, 2007 issue of the U.S. Customs and Border Protection Bulletin (Vol. 41, No. 35), CBP published a notice proposing to revoke a classification ruling and treatment as follows:
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of LCD video projector lamp assembly units. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocations, or any party involved with a substantially identical transaction, should advise CBP by September 21, 2007, the date that written comments on the proposed rulings are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in this notice.
LCD video projector lamp assembly unit. The merchandise consists of LCD lamp projector units. The projector lamp units consist of a lamp cemented inside a glass housing, with a PCB and a wiring harness unit attached. The lamp projector units are exclusively designed for placement in, and solely used with, a multimedia projector. The lamp projects computer-generated images or images generated from a video source, such as a DVD player or satellite television receiver.
CBP is proposing to issue HQ W967918 in order to revoke NY 814533, and reclassify the merchandise in subheading 8529.90.99 as: "parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: other, other, other," rather than in subheading 9405.40.60 as "lamps, lighting fittings including searchlights and spotlights and parts thereof, . . . other electric lamps and lighting fittings, of base metal."
CBP proposes this change as a correction, to bring the classification into concurrence with two subsequent rulings on similar merchandise (HQ 963720 and HQ 964268). In accordance with these two rulings, CBP proposes the view that these lamp assemblies are necessary components of a projector, necessary so that one may visualize the projected image. Moreover, these lamp assemblies cannot be used as lamps or in any fashion other than as a component of a projector. Video projectors are classified in heading 8528. Therefore, the lamp assembly, which is a part suitable for use solely or principally with video projectors, is classified in heading 8529. As such, the lamp assemblies are excluded from classification in heading 9405, by virtue of Chapter 94, Note 1(f).
CBP now proposes that, by application of GRI 1, LCD lamp assembly units are classified in subheading 8529.90.99, which provides for: "Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Other: Other: Other."
proposed: 8529.90.99, duty-free; current: 9405.40.60, 6%
August 22, 2007 CBP Bulletin (Vol. 41, No. 35) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/