Sept 10, 2009 CBP Bulletin Notice Corrects Ruling Revocations on Auto-Samplers for Chromatographs and DNA Sequencing Genetic Analyzer Machines
In the September 10, 2009 issue of the U.S. Customs and Border Protection Bulletin (Vol. 43, No. 37), CBP published a notice correcting two rulings (which revoked three) and a treatment as follows:
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Corrections to two rulings and treatment.CBP is correcting certain language in the analysis section of two rulings that revoked three rulings and a treatment, pertaining to the classification of auto-samplers that attach to other machines that analyze samples such as a chromatograph and a DNA sequencing analyzer.
According to CBP, the corrections are effective immediately.
CBP issued HQ W967842 and HQ W967843 in order to revoke NY 899900, NY G86629, and NY G84697 in the August 13, 2009 Bulletin. Corrections have now been made to certain language in the analysis section of the two rulings, which was a response to comments received on the Information Technology Agreement (ITA) (Ministerial Declaration on Trade in Information Technology Products, Attachment A, WTO, 13, December 1996). The corrected text and original text are noted below:
Corrected text:
CBP acknowledges the commenters' statement that "high-tech" products were enumerated in the ITA. However, the ITA does not cover all "high-tech" products. Also, the ITA does not determine the tariff classification of specific products. Accordingly, CBP does not agree with the commenters' contention that, based on the terms or intent of the ITA, CBP is required to classify the auto-sampler in HTS heading 9027.
Original text:
CBP acknowledges the commenters' statement that ''high-tech'' products were enumerated in the ITA. However, the list of products is finite. ITA does not cover all "high-tech" products. Neither the ITA nor Presidential Proclamation 7011 provided duty-free treatment for articles such as the auto-sampler. Moreover, the ITA does not govern tariff classification. A classification determination of a product is based upon many factors, e.g., condition as imported, material or composition, function, etc. Unless specified by name, the ITA covers only parts and accessories classified in accordance with Note 2(b) to Chapter 90. CBP cannot make assumptions as to how broadly the drafters of the ITA intended the language of the Ministerial Declaration to be interpreted nor can they classify articles based upon hypothetical "intent". Accordingly, CBP does not agree with the commenters' contention that classifying the auto-sampler in HTS heading 8479 would violate the terms or the intent of the ITA.
(See ITT's Online Archives or 12/09/05 news, 05120945, for BP summary of proposed HQ W967842 and HQ W967843; and8/19/09 news 09081950 for BP summary of original HQ W967842 and HQ W967843.
September 10, 2009 CBP Bulletin (Vol. 43, No. 37) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/