Dec. 31 CBP Bulletin Proposes to Revoke Ruling on Combo Fuel Pump and Fuel Level Sensor
In the Dec. 31 Customs Bulletin (Vol. 59, No. 49), CBP published proposals to revoke a ruling letter relating to the tariff classification of a combination automotive fuel pump and fuel level sensor.
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Comments on Proposals Due Jan. 31
CBP said consideration will be given to any written comments received by Jan. 31 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 after 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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Combination Automotive Fuel Pump and Fuel Level Sensor
| Items: NY 809868: a combination automotive fuel pump and fuel level sensor from Canada |
| Current: Harmonized Tariff Schedule subheading 9026.10.20, which provides for electrical instruments and apparatus for measuring and checking the level of liquids. |
| Proposed: HTS heading 8413, specifically subheading 8413.30.90, which provides for “Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof: Fuel, lubricating or cooling medium pumps for internal combustion piston engines: Other.” |
| Reason: Although CBP agrees with the implication that the merchandise at issue in NY 809868 is a composite machine, CBP disagrees with the conclusion that the subject merchandise does not have a principal function. Initially, CBP notes that the articles in question are referred to as “fuel senders.” The pump performs this function. While the data collected by the fuel level sensor for eventual display on the motor vehicle’s dashboard instrumentation is undoubtedly useful to a driver, it is ancillary to the function of “sending” the fuel from the tank to the engine to allow the overall vehicle to operate. Consequently, the instant “fuel sender” is properly classified under heading 8413. |
| Proposed for revocation: NY 809868, dated June 5, 1995 |
| Proposed new ruling: HQ H254420 |