July 11 CBP Bulletin Proposes to Revoke Rulings on Car Radiator Assembly, Resin
In the July 11 Customs Bulletin (Vol. 52, No. 28), CBP published notices that propose to modify rulings and similar treatment for car radiators and Poly Bd R-20LM resin.
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Comments on Proposals Due Aug. 11
CBP said consideration will be given to any written comments received by Aug. 11 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.
Radiator/Charge Air Cooler Assembly
| Item: A combination charge air cooler and radiator assembly designed for turbo-charged diesel applications. The charge air cooler component uses air to cool the charge out of a turbo, and it mounts onto the radiator core assembly. A plastic surge tank is also included in the assembly. The radiator shell is constructed of aluminum. |
| Current: 8708.99.8080, 2.5%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Other...." |
| Proposed: 8708.91.50, 3.4%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Radiators and parts thereof: Radiators: For other vehicles...." |
| Reason: Subheading 8708.99 more broadly and generally refers to other parts and accessories of vehicles of headings 8701 to 8705 and as such is a residual provision, CBP said. Given that the assembly is a radiator, it is better classified under subheading 8708.91. |
| Proposed for revocation: NY R04029 (2006) |
| Proposed new ruling: HQ H275146 |
Poly Bd R-20LM Butadiene Rubber
| Item: Poly Bd R-20LM butadiene rubber. |
| Current: 4002.20.0000, Free, “Butadiene rubber.” |
| Proposed: 3902.90.0050, 6.5%, “Polymers of propylene or of other olefins, in primary forms: Other: Other.” |
| Reason: Additional lab testing found samples did not satisfy the stretch and return test requirements and that excluded it from heading 4002, CBP said. Poly Bd is a polymer of butadiene with terminal hydroxyl groups. |
| Proposed for revocation: NY N034669 (2008) |
| Proposed new ruling: HQ H286021 |