April 30 CBP Bulletin Proposes to Modify Ruling on Shoe Covers, Revoke Ruling on Electrical Probe Cards
In the April issue of the CBP Customs Bulletin (Vol. 48, No. 17), CBP published notices that propose to modify or revoke rulings and similar treatment for the tariff classification of textile shoe covers and electrical probe cards.
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Comments on Proposals Due May 30
CBP said consideration will be given to any written comments received by May 30 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, 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 subsequent to 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 or modify any treatment it has previously accorded to substantially identical transactions.
Textile Shoe Covers
| Item: The shoe cover is used within a semiclean environment for aircraft assembly. The cover does not have an applied outer sole and is made of a textile materials base with 1mm poly-vinyl chloride (PVC) “micro dots” adhered to its bottom to reduce slippage. |
| Current: 6402.99.4960,37.5%, (Footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: not having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics: footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners: other: other: for women.) |
| Proposed: 6307.90.98, 7%, (“Other made up articles, including dress patterns: Other: Other: Other..) |
| Reason: The shoe cover is made of a single material, there is no additional layer or covering, and there is no line of demarcation separating the sole from the upper, which means it lacks an applied sole. Without an applied sole, the cover is excluded from classification within Chapter 64, based on Notes 1(a) and 1(b), said CBP. As the shoe cover is a made up article of textile and it is not more specifically described elsewhere in the tariff, it is classified in heading 6307, the agency said. |
| Proposed for modification: NY N238529 (2013) |
| Proposed new ruling: HQ H243639 |
Wafer Probe Cards
| Item: The probe cards are hardware devices used to test the electrical properties of the integrated circuits (ICs) etched on a semiconductor wafer. They consist of a printed circuit board (PCB), probe needles, and a ring to which the probe needles are attached. |
| Current: 8536.90.40, Free, (“Electrical apparatus … for making connections to or in electrical circuits … for a voltage not exceeding 1,000 V: Other apparatus: … wafer probers) |
| Proposed: 9030.82.00, Free, (Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations; parts and accessories thereof: Other instruments and apparatus: For measuring or checking semiconductor wafers or devices.) |
| Reason: The wafer probe cards are accurately described as apparatus that carry out steps in a process for determining the condition of the electrical properties of ICs etched onto semiconductor wafers. As the manipulation and control of electrical signals is a necessary step to test the functional and operational integrity of the ICs on semiconductor wafers, CBP concludes that the probe cards are accurately described as checking instruments. Because the probe cards are described fully in heading 9030, they cannot be classified under heading 8536, said CBP. |
| Proposed for revocation: HQ H011054 (2011), HQ H011056 (2011) |
| Proposed new ruling: HQ H192481 |