April 22 CBP Bulletin Proposes to Revoke Rulings on Acoustic Measurement Devices, Passenger Bridges
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 multi-channel measurement devices and passenger boarding bridges.
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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.
Multi-channel Measuring System
| Item: Multi-channel measuring system for vibration and acoustical analysis. |
| Current: 9033.00.0000, 4.4%, (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: The devices record electronic signal data on many variables, including vibrations, strain, acoustics, rotational speed, temperature, etc. It then sends these data to a computer for analysis. While the device does not measure these variables on its own, it performs steps in the process of measuring. As a result, the subject merchandise meets the cited definition of “measuring,” and it comports with the exemplars of heading 9031 |
| Proposed for revocation: NY N184613 (2011) |
| Proposed new ruling: HQ H244110 |
Passenger Boarding Bridges
| Item: Three types of aircraft passenger boarding bridges designed to be used for embarking and disembarking passageway between a terminal and an aircraft |
| Current: 8428.90.0090, Free, (Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery...) |
| Proposed: 8479.71.00 , Free, (Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Passenger Boarding Bridges: Of a Kind used in Airports) |
| Reason: The bridges serve as passageways between a terminal and an aircraft. Each passenger boarding bridge consists of various parts, such as tunnel, fixed walkway, and a rotunda, which work in concert to allow airline personnel and passengers to access the aircraft and terminal. The components contribute together to a clearly defined function covered by heading 8479. |
| Proposed for revocation: NY 085781 (1999), NY 088830 (1999) and NY 888222 (1997) |
| Proposed new ruling: HQ H108235 |