June 7 CBP Bulletin Proposes to Revoke, Modify Rulings on Musk, Electrical Cables
In the June 7 issue of the CBP Customs Bulletin (Vol. 51, No. 23) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for musk and electrical cables.
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Comments on Proposals Due July 7
CBP said consideration will be given to any written comments received by July 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.
Musk 50/DEP/BB/IPM
| Item: Musk 50/DEP/BB/IPM (Chemical Name - 1,3,4,6,7,8-HexamethylCyclopenta(G)-2-Benzopyran; CAS 1222-05-5), a fragrance component consisting of musk dissolved in diethyl phthalate (DEP), benzyl benzoate (BB) or isopropyl myristate (IPM). The mixtures are incorporated as active ingredients in perfumes and other fragrance products. |
| Current: 2932.99.7000, 3¢/kg + 14.3%, “Heterocyclic compounds with oxygen hetero-atom(s) only: Other: Other: Aromatic: Other: Other.” |
| Proposed: 3302.90.1050, "Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: Other: Containing no alcohol or not over 10 percent of alcohol by weight: Other.” |
| Reason: A note to Chapter 29 excludes elements and compounds dissolved in solvents other than water if the solvent is not used only to enable or enhance the safe use or transportation. The Musk 50 is stable enough for safe use or transportation on its own, and is dissolved in solvents other than water. |
| Proposed for modification: NY 818805 (1996) |
| Proposed new ruling: HQ H280915 |
Electrical Cables
| Item: Patient monitoring cable assemblies designed to monitor minute changes in the human body, detecting voltages in the millivolt or even microvolt range. The cables consist of various numbers of individual conductors, bundled together in different combinations, each wrapped in appropriate insulating sheaths. |
| Current: 8544.20.00, “Insulated (including enameled or anodized) wire, cable (including cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Coaxial cable and other coaxial electric conductors.” |
| Proposed: 8544.42.20, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors; Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Of a kind used for telecommunications ... .” |
| Reason: The cables are not coaxial. The cable assemblies contain multiple inner conductors wrapped in insulating sheaths and surrounded by a braided metal outer shield. This configuration cannot be considered coaxial because the conductors are not concentric (i.e., sharing a common center). Also, while the outer braided metal shield in the cables provides shielding to protect the cables from electromagnetic interference, it does not conduct electrical signals and is not part of the circuit. In coaxial cables, the outer sheath acts as a secondary conductor. |
| Proposed for modification: HQ W967779 (2006) |
| Proposed for revocation: HQ 961830 (1998) |
| Proposed new ruling: HQ H127136 |