Jan 4 Bulletin Ruling Actions on Carrying Cases, Surgical Light System
In the January 4, 2012 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 2), CBP published a notice on its modification of a ruling and treatment regarding the tariff classification of a certain carrying cases. CBP also published a notice on its withdrawal of a revocation and modification of two rulings on the classification of a surgical light system.
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Modification of Ruling on Carrying Cases Is Effective March 5
CBP is modifying one ruling on carrying cases, as well as any treatment CBP previously accorded to substantially identical transactions, effective for merchandise entered or withdrawn from warehouse for consumption on or after March 5, 2012.
Carrying Cases
| Item: A bag constructed with an outer surface of man-made textile material. It is designed to provide storage, protection, organization, and portability to medical equipment, accessories, and personal effects during travel. It features a three-sided zippered opening, a top carrying handle, and a removable shoulder strap. |
| New ruling: HQ H035447 (dated 12/07/11) modifies NY M87216 |
| Old HTS/Rate: 4202.92.30, 17.6% (travel, sports, and similar bag) |
| New HTS/Rate: 4202.92.90, 17.6% (specialty cases) |
| Reason: CBP states that the bag is (i) specially molded to the shape of the electrotherapy system it is designed to carry, (ii) is padded on all sides to protect the system during transport, (iii) has a three-sided zippered opening designed to allow the user to use the medical equipment without removing it from the bag, and (iv) the interior pockets are designed for the system's accessories. As such, the bag has the same characteristics and functions as other specialty cases in subheading 4202.92.90, like medical instrument cases, camera cases, etc., and is excluded from classification as a travel, sports, and similar bag by operation of Additional U.S. Note 1 to Chapter 42.1 CBP also notes that the bag is ineligible for duty-free treatment because it is not "specially designed or adapted" for the use or benefit of handicapped persons2 as is required for products classified in subheading 9817.00.96. |
(See ITT's Online Archives 11110415 for summary of the proposed modification of this ruling.)
CBP Withdraws Intent to Modify/Revoke Rulings on Surgical Light System
In a separate notice, CBP is withdrawing its intent to modify ruling HQ 967159 and revoke NY L83104 to move classification of the Steris® Harmony Surgical Lighting and Visualization System to HTS subheading 8479.90.94 as "other machines and mechanical appliances." In these rulings, CBP had classified selected parts of the lighting system under subheading 8302.50.00 (duty-free) as "hat-racks, hat pegs, brackets and similar fixtures” and subheading 9405.99.40 (6%) as "other lamps and lighting fittings."
CBP now states that the classification of a substantially similar surgical lamp system and its component parts were addressed by the Court of International Trade in two cases, Trumpf Medical System, Inc., v. U.S. (October 2010 and January 2011). In these cases, the Court determined that certain surgical light systems and component parts were classifiable as electro-surgical instruments under subheading 9018.90.60 (duty-free) because they are considered a diagnostic tool chiefly used as an aid to physicians in identifying a disease or illness. CBP states this case provides instructive guidance with regard to the classification of such merchandise and CBP is therefore withdrawing its intent to modify/revoke HQ 967159 and NY L83104.
(See ITT's Online Archives 10062415 for summary of the proposed withdrawal of this ruling. See ITT's Online Archives 10102904 and 11012527 for summaries of the Court's ruling in Trumpf v. U.S.)
1Additional U.S. Note 1 to Chapter 42 states that the expression "travel, sports, and similar bags" means goods of a kind designed for carrying clothing and other personal effects during travel, not including camera cases, binocular cases, and similar containers.
2Within the meaning of the Nairobi Protocol, which expanded duty-free treatment of certain materials and articles for the blind to certain articles for the use or benefit of the handicapped.