Aug. 29 CBP Bulletin Revokes Rulings on SCT Livewire Flash Device, Over Current Detectors
In the Aug. 15 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 37), CBP published two notices of revocation of rulings and treatment regarding the tariff classification of Livewire flash devices and over current detectors.
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Revocations Are Effective Oct. 29
CBP is revoking and modifying these rulings, 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as any treatment CBP previously accorded to substantially identical transactions, effective for merchandise entered or withdrawn from warehouse for consumption on or after Oct. 29.
SCT Livewire Flash Devices
| Item: SCT Livewire Flash Device. The instant flash tuner is designed to work with Powertrain Control Modules (PCM) to help the user diagnose potential problems, adjust certain performance settings, and record performance data. It features 128MB of total memory, internal PCB assembly, LCD display, indicator lights, and directional buttons housed in plastic housing with a push/scroll jog wheel. The product is fitted with a USB plug and other connectors that allow it to be mounted in a Ford vehicle. |
| New Ruling: HQ H126020 (dated 08/09/12), revokes HQ H097095 (2010) |
| Old HTS/Rate: 9031.80.80, 1.7% (Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other.) |
| New HTS/Rate: 8517.62.00, (Free) (Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communications in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus.”) |
| Reason: CBP said the Livewire device is different than devices that receive, collect, store and display data on the way the vehicle functioned, data that allowed the user to ascertain whether the vehicle was functioning properly. By contrast, the Livewire, while it performs these functions, is used mainly to change a vehicle’s performance via a separate mechanism, irrespective of how well the vehicle may be functioning. |
(See ITT's Online Archives 12052132 for summary of the proposed revocation of this ruling.)
Over Current Detectors
| Item: Over Current Detectors. These are designed to be mounted on a printed circuit board similar to a resistor, capacitor or integrated circuit and are assembled into a particular product. Applications for this merchandise include MRI machines, treadmills, motor controllers, inverters and power supplies and various types of electrical conversion. The device detects a specific current level in an electrical conductor routed through the detector’s aperture. When a current equal to or greater than the detector’s trip level is detected in the conductor, the output of the detector goes from a high state to a low state. The signal is typically used to momentarily shut down power transistors to constrain electrical current levels in the circuit. |
| New Rulings: HQ H122802 (dated 08/13/12), revokes NY H80199 (2001) |
| Old HTS/Rate: 8548.90.01, Free (“Electronic integrated circuits and microassemblies; parts thereof: Other monolithic integrated circuits: Other, including mixed signals (analog/digital): Other.”.) |
| New HTS/Rate: 8543.70.40, 2.6% (Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft.) |
| Reason: CBP previously ruled the over current detectors were monolithic integrated circuits. While CBP acknowledges that the merchandise contains a monolithic integrated circuit, the entire package can't be classified as one, because it contains a magnetic core - a component that is not an inseparably associated circuit element, as required. CBP said the detectors are better classified as transducers, a classification previously found by CBP to include devices which convert variations in one energy form into corresponding variations in another, usually electrical form. |
(See ITT's Online Archives 12070940 for summary of the proposed revocation of this ruling.)