Feb. 4 CBP Bulletin Proposes to Modify, Revoke Rulings on Pheromone Lures, Transporters
In the Feb. 4 issue of the CBP Customs Bulletin (Vol. 49, No. 5), CBP published notices that propose to modify or revoke rulings and similar treatment of pheromone lures and self-propelled transporters (here).
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Comments on Proposals Due March 6
CBP said consideration will be given to any written comments received by March 6 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.
Pheromone Lures
| Item: Mating pheromone lures used as traps for beet army worm, cotton pink bollworm, fall armyworm, and the insect armyworm. The products are enclosed inside rubber septa and packed in an impermeable aluminum pack. |
| Current: Ineligible for duty-free treatment under DR-CAFTA |
| Proposed: Ineligible for duty-free treatment under DR-CAFTA, though for different reasons |
| Reason: The tariff shift rule for heading 3808, where the subject goods are classified, requires that at least 50 percent by weight of the active ingredient or ingredients is originating. Since the submitted invoices show only the sale of ingredients used to make the pheromones lures, they do not substantiate the origin of the ingredients or the percentage by weight of any originating ingredients, said CBP. |
| Proposed for modification: NY N233747 (2012) |
| Proposed new ruling: HQ H237563 |
Self-Propelled Modular Transporters
| Item: A self-propelled modular transporter designed for off-highway transport of extremely heavy loads over short distances |
| Current: 8704.23.00, 25%, (Motor vehicles for the transport of goods: Other, with compression ignition internal combustion piston engine (diesel or semi-diesel): G.V.W. exceeding 20 metric tons) |
| Proposed: 8427.20.80, Free, (Fork-lift trucks; other works trucks fitted with lifting or handling equipment: Other self-propelled trucks: Other.) |
| Reason: Operators of the transporters use the machines’ hydraulic systems to lower and raise the cargo platforms to self-load and deposit cargo without the use of a separate crane or other lifting equipment. CBP finds that the vehicles are provided for, eo nomine, by the terms of heading 8427 as other work trucks fitted with lifting or handling equipment. |
| Proposed for revocation: HQ H122237 (2011), HQ H123524 (2011), NY 086210 (1999), HQ 955231 (1994), HQ 952400 (1993) |
| Proposed new ruling: HQ H180102 |