March 10, 2004 CBP Bulletin Notices on Plastic Identification Badges and Radar Apparatus that Measures Liquid Levels

CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by April 9, 2004, the date that written comments on these proposed rulings 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 these notices.

CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.

Proposed Revocation of Classification Ruling

Plastic Identification Badges. CBP states that at issue are three types of plastic identification badges each composed of a heavyweight cardstock insert, 4" x 3" in size, and a plastic badge holder (i.e., neck hanging, metal clip, or metal pin). The badges are valued over 20 cents per dozen pieces.

CBP is proposing to issue HQ 966569 in order to revoke NY F81413 and reclassify the badges under HTS 3926.90.98 as "other articles of plastics, etc." rather than under HTS 7117.90.7500 which provides for "other imitation jewelry of plastics."

proposed: 3926.90.98, 5.3%; current: 7117.90.7500, duty-free.

Proposed Revocation of Classification Ruling

Radar Apparatus that Measures Liquid Levels. The system at issue is the DDS Non-Contacting Depth and Level Gauging Unit that utilizes electromagnetic radar waves to measure the level of liquids in containers. Literature submitted depicts the principal use as being in the metallurgical fields, notably in such areas as liquid steel level in a blast furnace or liquid iron level in a transport ladle. The system works by bouncing radar waves off of the liquid surface and calculating the elapsed time from point of transmission to point of reception. The system can perform 6 measurements per second over a level range of from .5 meters to 28 meters, and the results of these measurements are calculated by a digital central processing unit.

CBP is proposing to issue HQ 966930 in order to revoke NY 873105 and reclassify the subject system under HTS 8526.10.00 as "radar apparatus" rather than under HTS 9026.10.6000 which provides for "other instruments and apparatus for measuring or checking the flow or level of liquids."

CBP states that HTS Chapter 90, Note 1(h) excludes, in pertinent part, radar apparatus of HTS 8526. In addition, according to the Explanatory Notes (ENs) to HTS 8526, radar height measuring apparatus (radio altimeters) are among the goods included in HTS 8526.

By virtue of a referenced explanation of radar, as well as the specific inclusion of height measurement in the ENs to HTS 8526, CBP states that it is evident that the measurement of liquid levels is clearly within the scope of the term radar apparatus. Therefore, CBP states that the system at issue is excluded from classification within HTS Chapter 90, and for the same reasons, should be classified in HTS 8526.

proposed: 8526.10.00, duty-free; current: 9026.10.6000, duty-free.

March 10, 2004 CBP Bulletin (Vol. 38, No. 11) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_03102004_no11/