July 6 CBP Bulletin Proposes To Revoke Rulings on LG Chromebase Computer, Bicycle Crank Sets
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 computers and bicycle crank sets.
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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.
LG Chromebase
| Item: LG Chromebase all-in-one computer including wired and wireless communication, built-in speakers, a microphone, and a webcam. The unit is packaged with a separate keyboard and mouse. |
| Current: 8543.70.9650, 2.6%, “Electrical machines and apparatus ... : Other machines and apparatus: Other: Other: Other: Other." |
| Proposed: 8471.49.0000, Free, “Automatic data processing machines and units thereof ... : Other automatic data processing machines: Other, entered in the form of systems.” |
| Reason: The previous classification "was the direct result of inaccurate factual statements proffered" by LG, CBP said. The LG Chromebase is not limited to fixed programs and there are no hardware or software blocks preventing the end user from downloading off-the shelf, third party applications, it said. Moreover, the Chrome Web Store is not the exclusive source of applications that can be downloaded for use on the LG Chromebase; other sources are available online and programs can be manually created by the end users |
| Proposed for revocation: NY N257812 (2014) |
| Proposed new ruling: HQ H26474 |
Bicycle Cranks and Chain Rings
| Item: Bicycle chain rings and cranks that are parts of bicycle crank sets that use pinch bolts. |
| Current: Chain rings: 8714.96.9000, 10%, "'other' crank gear and parts thereof.” Crank: 8714.99.8000, 10%, “'other' parts and accessories of vehicles of Headings 8711 to 8713." |
| Proposed: Both chain rings and cranks: 8714.96.50, Free, “Parts and accessories of vehicles of heading 8711 to 8713: Other: Pedals and crank-gear, and parts thereof: Cotterless-type crank sets and parts thereof ....” |
| Reason: The pinch bolts are not designed to and do not perform the equivalent function of a cotter pin in a cottered crankset, CBP said. |
| Proposed for modification: NY K81790 (2004), HQ 083052 (1989), NY K80388 (2003) |
| Proposed new ruling: HQ H243595 |