June 23, 2004 CBP Bulletin Notices on Portable Locking Gun Cases and a Security Indicator Assembly

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 23, 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 Classification Ruling

Portable Locking Gun Cases. At issue are two styles of portable gun cases, both of which have been approved for airline travel and include a zippered travel cover. Item SGS-1124R is a rectangular shape (outside dimensions - 16.5 x 8.5 x 9 inches) double pistol case, constructed of aluminum, which stores up to four pistols, while item SGS-1125R is a rectangular shape (outside dimensions 32 x 8.5 x 13.5 inches) double breakdown case constructed of aluminum which stores two break down shot guns.

CBP is proposing to issue HQ 967109 in order to revoke NY G89340 and reclassify the gun cases under HTS 4202.99.9000 which provides for, among other things, "other gun cases, etc." rather than under HTS 7616.99.5090 as "other articles of aluminum."

CBP states that in previous rulings it had ruled that certain gun cases with carrying handles, etc. were classifiable under HTS 4202. Therefore, according to CBP, the subject gun cases are properly classified as gun cases in HTS 4202 as they are by name provided for in the exemplars for that heading.

proposed: 4202.99.9000, 20%; current: 7616.99.5090, 2.5%.

Proposed Modification of Classification Ruling

Security Indicator Assembly. At issue is a security indicator assembly, which consists of a wiring harness with a connector attached to one end and a plastic housing containing a small printed circuit board and an LED at the other end. The plastic housing fits over the post of the door lock and the LED is illuminated when the security system is activated. The LED is labeled "SECURITY." The wires measure approximately ten inches in length.

CBP is proposing to issue HQ 966661 in order to modify NY E81170 and reclassify the security indicator assembly under HTS 8512.20.4040 as "visual signaling equipment for the vehicles of subheading 8701.20 or heading 8702, 8703, 8704, 8705, or 8711" rather than under HTS 8544.30.0000 which provides for "ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships."

In distinguishing between headings 8512 and 8544, CBP states that it has previously found that a wiring harness with a bulb is classified in heading 8512 while a wiring harness imported without a bulb is classified in heading 8544. CBP also previously determined that under General Rule of Interpretation (GRI) 3(b), the essential character of a combination lamp assembly which included a hazard light performed as visual signaling equipment, and therefore was classified under HTS 8512.20.40. CBP further found in another previous ruling that an automotive wiring and LED warning light assembly was classified in HTS 8512.20.4040.

According to CBP, the purpose of the subject security indicator is to warn that the security system is active, which according to CBP, is a visual signaling function. CBP states that because the function of the subject security indicator is to provide a visual warning to the automobile operator and it is imported with the LED included, it should be classified under HTS 8512.20.4040.

proposed: 8512.20.4040, 2.5%; current: 8544.30.0000, 5%.

These proposed rulings from the June 23, 2004 CBP Bulletin (Vol. 38, No. 26) are available via fax by emailing documents@brokerpower.com