February 16, 2005 CBP Bulletin Notices on Radio Alarm Clocks Incorporating a CD Player and a Reticulated Foam Filter Ring
In the February 16, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 8), CBP issued notices: (a) revoking a classification ruling on radio alarm clocks incorporating a CD player, and (b) revoking a classification ruling on a reticulated foam filter ring. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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According to CBP, these revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after April 17, 2005.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of Two Classification Rulings
Radio Alarm Clocks Incorporating a CD Player. At issue are two models of alarm clock radios that each, among other things, incorporate a CD player.
CBP is issuing HQ 967274 in order to revoke NY J83164 and reclassify the clocks in HTS 8527.31.6040 as "other radiobroadcast receivers, including apparatus capable of receiving also radiotelephony or radiotelegraphy: combined with sound recording or reproducing apparatus: incorporating optical disc (including compact disc) players or recorders" rather than in HTS 8527.39.00 as "other radiobroadcast receivers, including apparatus capable of receiving also radiotelephony or radiotelegraphy."
CBP states that HTS 8527.31 is a more specific provision than HTS 8527.39 as it provides for "combined with sound recording or reproducing apparatus" as opposed to "other."
In addition, CBP states that in HQ 954412 (dated 08/18/93) and NY DD 885222 (dated 05/12/93), it classified a clock radio incorporating a cassette player and telephone under HTS 8527.31.40. Thus, notwithstanding the telephone incorporated into that merchandise, a radio combined with both a sound reproducing device and a clock was classified within HTS 8527.31. CBP states that these rulings support the conclusion that because the word "clock" is specifically mentioned in the text of HTS heading 8527, it is not necessary that "clock" be specifically mentioned again within HTS subheading 8527.31 in order to classify an item incorporating a clock therein.
According to CBP, the merchandise at issue is similar to that classified in HQ 954412 and NY DD 885222. As a result, HTS 8527.31, the more specific provision applies and within that subheading, both models of CD alarm clock radio are classified in HTS 8527.31.6040.
(See ITT's Online Archives or 12/28/04 news, 04122860, for BP summary of the proposed revocation.)
new: 8527.31.6040, duty-free; previous: 8527.39.00, 3%.
Reticulated Foam Filter Ring. At issue is a reticulated foam filter ring that is also referred to as a "foam wrap" and a "pre-filter." It is intended to fit around the outside of a primary radial air filter element ring. The combined air filter is intended for installation in an automotive engine. The reticulated foam filter ring is intended to act as a pre-filter to remove larger and coarser particles, extending the life of the primary air filter element.
CBP is issuing HQ 966942 in order to revoke NY K80327 and reclassify the ring in HTS 8421.31.0000 as "intake air filters for internal combustion engines" rather than in HTS 8421.39.8015 as "other dust collection and air purification equipment."
CBP states that although the subject ring is considered a "pre-filter," it is itself a "filter." Therefore, pursuant to General Rule of Interpretation (GRI) 1, the subject ring is classified in HTS 8421.31.0000, and not in the "basket" "other" provision, HTS 8421.39.8015.
(See ITT's Online Archives or 01/03/05 news, 05010345, for BP summary of the proposed revocation.)
new: 8421.31.0000, 2.5%; previous: 8421.39.8015, duty-free.
February 16, 2005 CBP Bulletin (Vol. 39, No. 8) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_02162005_no8/