Aug. 17 CBP Bulletin Proposes to Revoke Rulings on Battery-Powered Transfer Trolleys, Photomask Pellicles
In the Aug. 17 issue of the CBP Customs Bulletin (Vol. 50, No. 33) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the classification of battery-powered transfer trolleys and photomask pellicles.
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Comments on Proposals Due Sept. 16
CBP said consideration will be given to any written comments received by Sept. 16 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.
Trolley Transfers
| Item: A battery-powered transfer trolley designed to run on either standard gauge rails or wheels. |
| Current: 8704.90.0000, 25%, “Motor vehicles for the transport of goods: Other." |
| Proposed: 8709.11.00, Duty-Free, “Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles: Vehicles: Electrical.” |
| Reason: Work trucks of heading 8709, HTSUS, have certain design features that distinguish them from the vehicles of heading 8704, CBP said. Among these are their construction and special design features that make them unsuitable for the transport of goods by road or other public ways; their top speed when laden is generally not more than 30 to 35 km/h; their turning radius is approximately equal to the length of the vehicle itself. The trolley here has many of these features, the agency said. |
| Proposed for revocation: NY N274106 (2016) |
| Proposed new ruling: HQ H275962 |
Pellicles
| Item: The pellicles consist of a membrane of nitrocellulose, modified cellulose or fluoropolymer mounted on a frame of aluminum alloy. Pellicles provide a high level of cleanliness and have excellent optical properties. Pellicles are used with the photomask in a photolithography process to transfer reduced-sized patterns from the photomask to sensitized semiconductor wafers and materials. |
| Current: 8486.90.00, Duty-Free, “Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; … parts and accessories: Parts and accessories." |
| Proposed: 3926.90.9995, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other." |
| Reason: The plastic film functions as the actual sealant for this end, keeping dust and other contaminants away from the photomask’s surface. In contrast, the aluminum frame secures the plastic film to the photomask but contributes only minimally, if at all, to the protection of the photomask. The plastic film provides for the essential character. |
| Proposed for revocation: HQ H055635 (2009), HQ H055636 (2009), HQ H031396 (2010), and NY N121378 (2010). |
| Proposed new ruling: HQ H266971 |