July 3 CBP Bulletin Proposes to Revoke, Modify Rulings on Muscle Stimulation Machines, Plastic Watch Boxes
In the July 3 issue of the CBP Customs Bulletin (Vol. 47, No. 28), CBP published two notices that propose to revoke or modify rulings and similar treatment regarding the tariff classification of muscle stimulation machines and plastic watch boxes.
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Comments on Proposed Revocations Due Aug. 2
CBP said consideration will be given to any written comments received by Aug. 2 before taking this action. In addition, any party who has received a 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 the date that written comments on the proposed ruling are due. (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 agents for importations subsequent to the effective date of the final decision in this notice.)
Proposed Revocations
CBP is proposing to revoke the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions.
Muscle Stimulation Machines
| Item: Electrical Stimulation Machines. Slendertone Flex is a battery-operated muscle stimulation apparatus, which is designed to deliver electronic stimulation signals that are supposed to strengthen and tone without the wearer needing to be physically active. |
| Current: 8543.70.96, 2.6%, (Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter parts thereof: Other machines and apparatus: Other: Other: Other: Other.) |
| Proposed: 8543.70.85, Free, (Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: For electrical nerve stimulation.) |
| Reason: While the Slendertone Flex is put up for retail sale as a set consisting of an electrical unit, nylon belt, adhesive pads, nylon travel pouch, and batteries, it is the electrical unit that gives the set its essential character, said CBP. |
| Proposed for revocation: HQ 966716 (2004), HQ 966973 (2004), NY J89141 (2003), NY D88729 (1999), and NY A84349 (1996) |
| Proposed new ruling: HQ H112635 |
Plastic Watch Boxes
| Item: Plastic Watch Boxes. Four different styles of watch boxes imported by Fossil and typically given to the purchaser at the time of purchase of a watch |
| Current: 4202.99.9000, 20% (Other containers and cases, other, other.) |
| Proposed: 3923.10.00, 3% (Articles for the conveyance or packing of goods, of plastics…: Boxes, cases, crates and similar articles….) |
| Reason: The watch boxes are made of molded plastic, not a covering of plastic sheeting, which would not possess the structural properties necessary to construct an entire watch box, said CBP. Accordingly, the subject watch boxes are not provided for under the second provision of heading 4202, the agency said. Because the watches are shipped and sold within the boxes, they are considered plastic articles for the conveyance or packing of goods, said CBP. |
| Proposed for modification: NY N058483 (2009) |
| Proposed new ruling: HQ H078796 |