Sept. 30 CBP Bulletin Proposes to Revoke Rulings on Shading System, Blood Pressure Monitors
In the Sept. 30 Customs Bulletin (Vol. 54, No. 38), CBP published notices that propose to revoke rulings and similar treatment for controllable shading system and digital blood pressure monitors.
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Comments on Proposals Due Oct. 30
CBP said consideration will be given to any written comments received by Oct. 30 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.
Controllable Shading System
| Item: A controllable shading system consisting of fabric shades, hem bars, one (or more) electronic drive units, roller tubes, roller bulk idlers, brackets and associated hardware. Used in residential and commercial applications, the system aids in reducing glare, protecting furnishings from U/V damage and maximizing HVAC efficiency. |
| Current: Heading 8479, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof.” |
| Proposed: Heading 6303, “Curtains (including drapes) and interior blinds; curtain or bed valances.” |
| Reason: The systems are composite goods, and the shades provide their essential character. The function of the quiet electronic drive units is ancillary to the function of the shade, which protects a space from sunlight and provides privacy. |
| Proposed for modification: NY N010048, dated May 3, 2007 |
| Proposed new ruling: HQ H312768 |
Blood Pressure Monitor
| Item: Blood pressure machines consisting of a sleeve made of fabric and an electrical cord leading from the sleeve to a control unit of plastic housing. The machines contain a microphone which picks up the arterial pulsating sound and transforms it into an electrical impulse that controls the operation of the electronic devices in the manometer unit. |
| Current: 9018.90.50, 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 and parts and accessories thereof: Optical instruments and appliances and parts and accessories thereof.” |
| Proposed: 9018.19.95, 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: Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters); parts and accessories thereof: Other.” |
| Reason: The machines utilize electrical components in the performance of this diagnosis, so they are classifiable as electrical diagnostic medical instruments of subheading 9018.19. |
| Proposed for revocation: HQ 952720, dated Dec. 2, 1992, and NY 884125, dated April 19, 1993 |
| Proposed for modification: HQ 961998, dated May 7, 1999 |
| Proposed new ruling: HQ H304293 |