May 16 CBP Bulletin Proposes to Revoke Rulings on Wireless Speakers, Pipe Fittings
In the May 16 Customs Bulletin (Vol. 52, No. 20), CBP published notices that propose to revoke rulings and similar treatment for wireless speakers and pipe fittings.
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Comments on Proposals Due June 15
CBP said consideration will be given to any written comments received by June 15 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.
Bluetooth Wireless Speaker From The Philippines
| Item: SuperTooth Disco 2 Bluetooth wireless speaker. It contains a Bluetooth chip that enables it to receive and transmit in the frequency range of 2.402–2.480 GHz. When paired with other Bluetooth devices, the unit communicates with those Bluetooth devices using a time division duplex scheme that alternates transmission and reception functions, and thus uses the same antenna to transmit and receive at different times. |
| Current: 8517.62.0050, Free, “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” |
| Proposed: 8518.22.00, 2.4%, “... loudspeakers, whether or not mounted in their enclosures; ... ... Loudspeakers, whether or not mounted in their enclosures: ... Multiple loudspeakers, mounted in the same enclosure.” |
| Reason: "We no longer hold that that the principal function of the Disco 2 is to transmit and receive sounds or data," CBP said. Regardless of whether loudspeakers are connected to the source of the audio signals by way of a stereo wire, or wirelessly via the Bluetooth transmission/reception functions, the principal function of such loudspeakers is not to connect to the source of the signal, but rather to convert such signal into sound -- that is, to function as a loudspeaker, the agency said. |
| Proposed for revocation: NY N233202 (2012) |
| Proposed new ruling: HQ H281100 |
Pipe Fittings
| Item: Taco Twin-Tee, a single pipe fitting designed to replace two primary circuit tees. They will be used primarily for industrial applications in the fan coil industry in hotels and office buildings. |
| Current: Ductile iron - 7326.90.8587, 2.9%, “Other articles of iron or steel, other”; Bronze - 7419.99.5010, Free, “Other articles of copper, other, other, other, other, brass plumbing goods not elsewhere specified or included.” |
| Proposed: Ductile iron - 7307.19.3085, 5.6%, “Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel: Cast fittings; Other: Ductile fittings: Other: Other.”; Bronze - 7412.20.0035, 3%, “Copper tube or pipe fittings (for example couplings, elbows, sleeves): Of copper alloys: Other: Of copper-zinc base alloys (brass): Threaded: Other.” |
| Reason: "The Taco Twin-Tees do in fact combine and split the fluid streams within the hydroponic systems in which they are placed," CBP said. "Specifically, one of the two intersecting 'twin' apertures diverts fluid from the primary circuit to the secondary circuit, while the other simultaneously joins fluids of the two circuits. As such, while the construction and operation of the articles may vary from those of traditional tees, in that the 'vertical' component of the tee consists of two separate apertures that enable bi-directional fluid flow into and out of the main aperture, it nevertheless retains the form of a tee classifiable as a 'pipe fitting' in headings 7307 and 7412." |
| Proposed for revocation: NY M82071 (2006) |
| Proposed new ruling: HQ H291783 |