June 16, 2004 CBP Bulletin Notices on Certain Filtering Material on Rolls and Moisture Meters
In the June 16, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 25), CBP issued notices: (a) proposing to revoke treatment regarding Durapore filtering material on rolls, and (b) proposing to revoke three classification rulings regarding moisture meters. CBP states that it is also 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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CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by July 16, 2004, the date that written comments on the 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 Treatment
Durapore Filtering Material on Rolls. Among other things, CBP states that Duraporeis porous filtering material made from polyvinylidene fluoride (PVDF) that is designed to accomplish the sterile filtration of liquids and gasses. The material is imported in rolls, and after entry, it is cut either into discs or pleated cartridges.
CBP is proposing to issue HQ 967003 in order to revoke established treatment and classify the material under HTS 3921.19.0000 as "other cellular plates, sheets, film, foil and strip, of other plastics" rather than under HTS 8421.99.0080 which provides for "other parts of filtering or purifying machinery and apparatus, for liquids or gases, etc."
CBP explains that like the subject material in Baxter Healthcare Corp. of Puerto Rico v. U.S., the discs and pleated cartridges are cut from the Duraporematerial with some material left over. Accordingly, the dimensions, and therefore, the identity, of the article to be made from the imported Duraporematerial (i.e., disc or pleated cartridge) is neither fixed nor certain, and those articles can not be considered a "part" of filtering machinery or apparatus. Therefore, CBP states that the material should be classified under HTS 3921.19.0000.
proposed: 3921.19.0000, 6.5%; current: 8421.99.0080, duty-free.
Proposed Revocation of Three Classification Rulings
Moisture Meters. At issue in proposed HQ 966940 is the Speedy Moisture Tester which is used to test the moisture in soils and aggregates. The unit is a calcium carbide gas pressure moisture tester in which free moisture in the test material reacts with a calcium carbide reagent to form acetylene gas. This gas, sealed in the body of the Speedy Moisture Tester, registers the percentage of moisture in the sample on a Bourdon-type gauge, an integral part of the body of the merchandise. The percentage of moisture content is displayed in terms of "wet" or "dry" weight.
At issue in proposed HQ 966941 is the Mettler LJ16 moisture analyzer, as well as five similar models, which is used in operations where the moisture content of the same materials has to be routinely determined daily. Essentially, the analyzer consists of a weighing scale (balance) and an infrared dryer. After placing a sample on the balance and closing the lid, the weight of the sample is automatically recorded. Immediately thereafter, the sample is dried with the use of infrared radiation. Upon completion of the drying process, the moisture content of the sample is displayed in grams and by a percentage. In addition, data on the drying time and temperature can be obtained.
CBP is proposing to issue HQ 966940 in order to revoke NY 895922, and HQ 966941 in order to revoke HQ 089800 and NY 860128. CBP is proposing to classify the moisture meters under HTS 9025.80.3500 which provides for "non-recording hygrometers, etc." rather than under HTS 9027.80.80 as "other instruments and apparatus for physical or chemical analysis, etc."
CBP explains that the subject moisture meters are substantially similar to chemical hygrometers that are used to determine the moisture content of solid matter, etc., as described in Explanatory Note (EN) 90.25 (D). In addition, EN 90.27 states that heading 9027 excludes, among other things, hygrometers of heading 9025.
CBP also states that the subject meters do not possess the ability to record data variations between diverse samples with the intent of constructing a graph or similar means by which to record variations between samples.
Therefore, CBP states that the meters should be classified under HTS 9025.80.3500 as non-recording hygrometers.
proposed: 9025.80.3500, 1.4%; current: 9027.80.80, duty-free.
June 16, 2004 CBP Bulletin (Vol. 38, No. 25) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_06102004_no25/ (Subscribers should note that as of June 16, 2004, this bulletin is incorrectly identified as the June 10, 2004 bulletin on CBP's Web site.)