April 3 CBP Bulletin Proposes to Modify Ruling Surgical Trays
In the April 3 Customs Bulletin (Vol. 53, No. 9), CBP published notices that propose to modify rulings and similar treatment for surgical trays.
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Comments on Proposals Due May 3
CBP said consideration will be given to any written comments received by May 3 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.
Surgical trays
| Item: Surgical trays that hold drills during dental surgeries. |
| Current: 9018.49.8080, Free, “Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other instruments and appliances, used in dental sciences, and parts and accessories thereof: Other: Other.” |
| Proposed: 7326.90.86, 2.5%, “Other articles of iron or steel: Other: Other: Other: Other.” |
| Reason: The function and purpose of the surgical tray is to hold the drill shanks during dental surgery, but it is not essential and necessary to the functioning and purpose of the drills, CBP said. "Accordingly, we find that the surgical tray is not a part," it said. |
| Proposed for revocation: NY N177676 (2011) |
| Proposed new ruling: HQ H277654 |