Sept. 2 CBP Bulletin Proposes to Revoke Rulings on Machine Covers, Network Extenders
In the Sept. 2 Customs Bulletin (Vol. 54, No. 34), CBP published notices that propose to revoke rulings and similar treatment for machine covers and wireless network expansion equipment.
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Comments on Proposals Due Oct. 2
CBP said consideration will be given to any written comments received by Oct. 2 before taking this action. In addition, any party that 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.
Machine Covers
| Item: Disposable fleece covers for the Danniflex (CPM 460) machine, which is a passive motion exerciser used in hospitals for simultaneously flexing the hip and knee joints of a human leg |
| Current: 9019.10.20, free, “Mechanist appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof: Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; parts and accessories thereof: Mechano-therapy appliances and massage apparatus; parts and accessories thereof.” |
| Proposed: 6307.90.98, 7%, “Other made up articles, including dress patterns: Other: Other: Other.” |
| Reason: The fleece covers are not a part or accessory because they aren't necessary for the function of the machines and do not affect the machines' operation. |
| Proposed for revocation: HQ 966911, dated April 1, 2004; and NY N051743, dated Feb. 20, 2009 |
| Proposed for modification: HQ H283893, dated Nov. 15, 2019 |
| Proposed new ruling: HQ H308383 |
Wireless Network Expansion Equipment
| Item: A system for extending a wireless network consisting of two units: a base unit that connects to a user’s router via an Ethernet cable, and which is then plugged into a household electrical outlet, and a remote unit that connects to a user’s end use device and is plugged into a different household electrical outlet. The home’s internal power lines are used to carry the signal and expand the network coverage. |
| Current: 8517.62.0020, free, “Telephone sets...; other apparatus for the transmission or reception of voice, images or other data...: Other apparatus for transmission or reception...: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Switching and routing apparatus.” |
| Proposed: 8517.62.0090, free, “Telephone sets...; other apparatus for the transmission or reception of voice, images or other data...: Other apparatus for transmission or reception...: Machines for the reception, conversion & transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” |
| Reason: Unlike a router or a switch, the network extenders have no intelligence and make no decisions as to where the data goes next. They do not contain a software or firmware routing table and cannot read the network address information in the data packet to determine the specific destination of the data packet |
| Proposed for revocation: NY N300884, dated Oct. 16, 2018, and NY N304478, dated June 10, 2019 |
| Proposed new ruling: HQ H307923 |