March 8 CBP Bulletin Proposes to Revoke Rulings on Knee Scooters
In the March 8 issue of the CBP Customs Bulletin (Vol. 51, No. 10) (here), CBP published a notice that proposes to revoke or modify rulings and similar treatment for non-motorized knee scooters
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Comments on Proposals Due April 7
CBP said consideration will be given to any written comments received by April 7 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.
Non-motorized knee scooters
| Item: Non-motorized knee scooters designed to provide stable mobility to patients recovering from leg injuries. |
| Current: 8716.80.50, 3.2%, “Trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof: Other vehicles: Other." |
| Proposed: 9021.10.00, 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 scooters are not designed for transportation, which is a characteristic of “other vehicles” of heading 8716, CBP said. Rather, the scooters are "walking aids, which are designed or configured to support the weight of the user to enable greater mobility to people with leg injuries," the agency said. |
| Proposed for revocation: NY N246495 (2013), NY N182928 (2011) |
| Proposed new ruling: HQ H280343 |