April 22 CBP Bulletin Proposes to Revoke Rulings on Data Recorders, Recorder Components
In the April 22 issue of the CBP Customs Bulletin (Vol. 49, No. 16) (here), CBP published notices that propose to revoke rulings and similar treatment for the tariff classification of data recorders and data recorder components.
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Comments on Proposals Due May 22
CBP said consideration will be given to any written comments received by May 22 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 modifications, 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 the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Data Recorders
| Item: Microprocessor-driven thermal print units which contain an integral, DC motor-driven paper transport. They accept data in both ASCII format for alphanumeric character printing, and in graphical or analog binary formats for waveform or graphical image printing. |
| Current: 9033.00.0000, 4.9%, (Parts and accessories, not specified or included elsewhere in this chapter, for machines, appliances, instruments or apparatus of chapter 90.) |
| Proposed: 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.) |
| Reason: While the data recorders are smaller components of larger machines, they are also machines that carry out steps in a process for inspecting, said CBP. Such goods are specifically described in heading 9031, the agency said. |
| Proposed for revocation: NY 861163 (1991) |
| Proposed new ruling: HQ H126636 |
Components of Data Recorders
| Item: Drive assemblies for use in data recorders |
| Current: 9033.00.00, 4.9%, (“Parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of chapter 90.) |
| Proposed: 9031.90.90, 1.7%, (“Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter ... parts and accessories thereof: parts and accessories: other: other ...) |
| Reason: The data recorder drive assemblies are solely used with data recorders. Data recorders are classified as measuring or checking instruments under heading 9031. By application of Note 2(b) to Chapter 90, parts of data recorders must be classified together with data recorders under heading 9031, said CBP. |
| Proposed for revocation: HQ 952499 (1993), NY 881722 (1993) and NY H80308 (2001) |
| Proposed new ruling: HQ H219316 |