April 24 CBP Bulletin Proposes to Revoke Rulings on Network Testing Device
In the April 24 Customs Bulletin (Vol. 53, No. 12), CBP published notices that propose to revoke or modify rulings and similar treatment for the TEMS Pocket network testing device.
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Comments on Proposals Due May 24
CBP said consideration will be given to any written comments received by May 24 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.
Pocket Network Testing Device
| Item: The TEMS Pocket is a commercially available fully functional cellular phone onto which TEMS network testing software has been loaded. The TEMS software allows a cellular phone to function as a testing tool for telecommunication networks. |
| Current: Country of origin is Sweden. |
| Proposed: Country of origin is China or Malaysia or any other country of manufacture where an article recognizable as a mobile telephone is created. |
| Reason: The software installation "did not substantially transform the use and function of the mobile telephones," CBP said. "Despite the fact that the TEMS software was developed in Sweden and subsequently installed into the mobile telephones in Sweden, the mobile telephones were manufactured in China or Malaysia and became identifiable as such in China or Malaysia." |
| Proposed for revocation: HQ H014068 (2007) |
| Proposed new ruling: HQ H243924 |