Dec. 23 CBP Bulletin Proposes to Revoke, Modify Rulings on Surgical Apparatus, Cast Sock
In the Dec. 23 issue of the CBP Customs Bulletin (Vol. 49, No. 51) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for a surgical apparatus and cast sock.
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Comments on Proposals Due Jan. 22
CBP said consideration will be given to any written comments received by Jan. 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 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 any treatment it has previously accorded to substantially identical transactions.
Surgical Apparatus
| Item: A tube string subassembly of the Vital Vue Irrigation, Suction, and Illumination System Disposable Surgical Instrument |
| Current: 9018.90.60, 7.9%, (Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other instruments and appliances and parts and accessories thereof: Other: Electro-medical instruments and appliances and parts and accessories thereof: Electro-surgical instruments and appliances, other than extracorporeal shock wave lithotripters; all the foregoing and parts and accessories thereof) |
| Proposed: 9018.90.75, Free, (Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other Instruments and appliances and parts and accessories thereof: Other: Electro-medical instruments and appliances and parts and accessories thereof: Other: Other.) |
| Reason: The issue is whether the instant merchandise falls under the scope of the provision for “electrosurgical instruments and appliances” in subheading 9018.90.60. The term “electro-surgical” means that electric currents are utilized in the surgery, whether for cutting tissue, coagulating blood or for other surgical applications, but the product doesn't use electric currents in this way, said CBP. |
| Proposed for revocation: HQ 085366 (1989) |
| Proposed new ruling: HQ H152456 |
Cast Socks
| Item: Cast cover |
| Current: 6115.96.9020, 14.6%, (Panty hose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted: Other: Of synthetic fibers: Other.) |
| Proposed: 9021.10.0000, Free, (Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Orthopedic or fracture appliances, and parts and accessories thereof.) |
| Reason: The construction is such that it would only be used over a casted leg to provide warmth to the foot, said CBP. "Therefore, it is suitable for use as an accessory solely or principally with the orthopedic appliances provided for in heading 9021," said CBP |
| Proposed for modification: NY N183637 (2011) |
| Proposed new ruling: HQ H194697 |