Oct. 28 CBP Bulletin Proposes to Revoke Rulings on Distillation Refining Modules, Range Extenders
In the Oct. 28 Customs Bulletin (Vol. 54, No. 42), CBP published notices that propose to revoke rulings and similar treatment for distillation refining modules and range extenders.
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Comments on Proposals Due Nov. 27
CBP said consideration will be given to any written comments received by Nov. 27 before taking these actions. 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.
Distillation Refining Module
| Item: Distillation refining module that completes a transfer of heat process that vaporizes liquid and a cooling process that liquefies gas |
| Current: 8419.89.9585, 4.2% “Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating... vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; Other machinery, plant or equipment: Other: Other: Other: For other materials.” |
| Proposed: 8419.60.50, Free, “Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature.” |
| Reason: The product is comprised of components described in two different subheadings, i.e., subheading 8419.50 and 8419.60, making it a composite good, CBP said. The module is classified under the subheading which occurs last in numerical order among those that equally merit consideration. |
| Proposed for revocation: NY N300353, dated Sept. 27, 2018 |
| Proposed new ruling: HQ H302168 |
Range Extenders
| Item: Wi-Fi range extenders |
| 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, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” |
| Reason: Wi-Fi range 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. Based on the supplemental information provided and the notion that the range extenders do not act as a switch or a router within the realm of networking terminology, CBP is now of the view that these devices are properly classified under subheading 8517.62.0090. |
| Proposed for modification: NY N300883, dated Oct. 16, 2018 |
| Proposed new ruling: HQ H306942 |