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Sept. 4 CBP Bulletin Proposes to Revoke Rulings on Plywood, Silicon Wafers

In the Sept. 4 Customs Bulletin (Vol. 53, No. 31), CBP published notices that propose to revoke rulings and similar treatment for plywood and silicon wafers.

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Comments on Proposals Due Oct. 4

CBP said consideration will be given to any written comments received by Oct. 4 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.

Plywood

Item: Plywood panels
Current: 4412.14.0560, Free, “Plywood, veneered panels and similar laminated wood; plywood consisting solely of sheets of wood, each ply not exceeding 6 mm in thickness; other, with at least one outer ply of nonconiferous wood, not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or mark."; or 4412.32.3170, 8%, "Plywood, veneered panels and similar laminated wood: Other plywood, consisting solely of sheets of wood, each ply not exceeding 6 mm in thickness: Other, with at least one outer ply of nonconiferous wood: Not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply: Other (than with a face ply of an enumerated species): Other (than not surface covered)."
Proposed: 4412.33.57, 8%, “Plywood, veneered panels and similar laminated wood: Other plywood consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm in thickness: Other, with at least one outer ply of nonconiferous wood of the species alder (Alnus spp.), ash (Fraxinus spp.), beech (Fagus spp.), birch (Betula spp.), cherry (Prunus spp.), chestnut (Castanea spp.), elm (Ulmus spp.), eucalyptus (Eucalyptus spp.), hickory (Carya spp.), horse chestnut (Aesculus spp.), lime (Tilia spp.), maple (Acer spp.), oak (Quercus spp.), plane tree (Platanus spp.), poplar and aspen (Populus spp.), robinia (Robinia spp.), tulipwood (Liriodendron spp.), or walnut (Juglans spp.): Other."
Reason: The plywood was actually surface covered on the back ply with a surface covering that is not clear or transparent.
Proposed for revocation: NY L86523 (2005), NY N027781 (2008)
Proposed new ruling: HQ H262218

Silicon Wafers

Item: Anti-reflection coated silicon wafers
Current: 8541.90.00, Free, “Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells, whether or not assembled in modules or made up into panels; light-emitting diodes; mounted piezoelectric crystals; parts thereof ... Parts.”
Proposed: 8541.40.60, Free, "Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells, whether or not assembled in modules or made up into panels; light-emitting diodes; mounted piezoelectric crystals; parts thereof ... Other diodes.”
Reason: The subject merchandise are in a state that can convert solar energy into electrical energy, which is the essence of the goods of subheading 8541.40.60, CBP said.
Proposed for revocation: HQ 957189 (1995)
Proposed new ruling: HQ H301201