July 6 CBP Bulletin Proposes To Revoke Rulings on Portable Light Towers, Cable Cutters
In the July 6 issue of the CBP Customs Bulletin (Vol. 50, No. 27) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the classification of iron ring carriers and cotton knit yarn.
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Comments on Proposals Due Aug. 5
CBP said consideration will be given to any written comments received by Aug. 5 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.
Portable Light Towers
| Item: Portable light towers designed for providing light to open spaces and jobsites. They consist of diesel-powered generators with fuel tanks mounted onto a metal chassis with a trailer hitch and two automotive type wheels, and a telescopic tower with a cluster of lighting fixtures with high output flood lights. |
| Current: 9405.40.6000, 6%, “Lamps and lighting fittings...: Other electric lamps and lighting fittings: Of base metal: Other." |
| Proposed: 8502.11.00, 2.5%, “Electric generating sets and rotary converters: Generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines): Of an output not exceeding 75 kVA.” |
| Reason: Applying the essential character analysis, CBP found that the electric generators constitute the bulk of the subject merchandise and provide the source of energy to the flood lights. |
| Proposed for revocation: NY N026470 (2008) |
| Proposed new ruling: HQ H270400 |
Cable Cutters
| Item: Rugged heat-treated drop forged steel cable cutters. |
| Current: 8203.20.6030,12¢/doz. + 5.5%, "Files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pliers (including cutting pliers), pincers, tweezers and similar tools, and parts thereof: other: other (except parts), pliers.” |
| Proposed: 8203.30.0000, Free, “Files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: Metal cutting shears and similar tools and similar tools, and parts thereof.” |
| Reason: The cutting blades of the subject cable cutter do slide past each other when cutting cable, CBP said. The kinds of cable that can be cut include both copper and aluminum, which are base metals, as defined in Note 3 to Section XV, HTSUS. Accordingly, the subject cable cutter is classifiable as “metal cutting shears” of subheading 8203.30. |
| Proposed for revocation: NY N021177 (2007) |
| Proposed new ruling: HQ H270402 |