February 25, 2004 CBP Bulletin Notices on Ink Jet Printer Cartridges and the Port Where a Protest is Filed
In the February 25, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 9), CBP issued notices: (a) proposing to modify a classification ruling on ink jet printer cartridges, and (b) revoking a ruling regarding the port where a protest was filed. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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With respect to the revocation, CBP states that this action is effective April 25, 2004.
CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed modification, or any party involved with a substantially identical transaction, should advise CBP by March 26, 2004, the date that written comments on the proposed ruling are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in this notice.
CBP also states that the proposed modification notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification of One Classification Ruling
Ink Jet Printer Cartridges. At issue are Hewlett Packard 51649A printer cartridges to be used in ink jet printers in conjunction with automatic data processing machines.
CBP is proposing to issue HQ 966222 in order to modify HQ 963301, and any other ruling not specifically identified, to reflect the proper rationale for classification of the ink jet printer cartridges pursuant to the analysis set forth in proposed HQ 966222. CBP notes that proposed HQ 966222 would have no effect on the classification determination made in HQ 963301.
According to CBP sources, proposed HQ 966222 would modify HQ 963301 in order to replace certain references to "laser" printers with "ink jet" printers. As a result of this language modification, conforming changes would be made to HQ 963301, such as modifying which court decisions and previous CBP rulings are cited, etc.
In the proposed ruling, CBP also states that proposed HQ 966222 would indicate that it would have no effect on the entries that were the subject of the protest at issue in HQ 963301, as CBP no longer has jurisdiction over those entries
Revocation of One Ruling
Filing a protest at the port of entry rather than at the service port. CBP states that the main issue of concern was whether a protest was timely filed at the Battlecreek, MI port of entry if liquidation occurred at the Detroit, MI service port.
CBP is issuing HQ 230095 in order to revoke HQ 963372 and indicate that the protest was timely filed when it was filed at the Battlecreek port through which the protested entry was entered, though not liquidated, within 90 days of liquidation.
CBP explains that it was unable to find any evidence of notice to the importing public that entries of merchandise entered at the Battlecreek port of entry are liquidated at the Detroit service port. Neither the courtesy notice of liquidation, the ACS records, nor the printed bulletin notice, advised importers that entries filed at the Battlecreek port of entry were not liquidated there. Consequently, there is no evidence to show that an importer making entry through the Battlecreek port of entry would know or could be expected to know that the decision on liquidation of the entry would be that of the Detroit service port rather than Battlecreek.
(See ITT's Online Archives or 01/05/04 news, 04010535, for BP summary of the proposed revocation.)
February 25, 2004 CBP Bulletin (Vol. 38, No. 9) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol.38_02252004_no9/