Dec. 18 CBP Bulletin Proposes to Revoke Rulings on Flash Drives, Lanterns
In the Dec. 18 issue of the CBP Customs Bulletin (Vol. 47, No. 50), CBP published two notices that propose to revoke rulings and similar treatment for the tariff classification of USB flash drives and lanterns.
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Comments on Proposed Revocations Due Jan. 17
CBP said consideration will be given to any written comments received by Jan. 17 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.
USB Flash Drives
| Item: USB Flash drives from China. The flash drives are data storage devices with a built-in Flash memory controller that manages the interface with the host computer, and reads and writes to the Flash chips on the device. |
| Current: 8471.70.9000, Free (Automatic data processing machines and units thereof; Storage units; Other storage units: Other.) |
| Proposed: 8523.51.00, Free (Discs, tapes, solidstate non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37: Semiconductor media: solid state non-volatile storage devices.) |
| Reason: CBP said it now must take into consideration changes to Chapter 85 of the HTS that came as a result of a Presidential Proclamation in 2007. The Flash drives are storage devices with a connecting socket, comprising in the same housing one or more flash memories in the form of integrated circuits mounted on a printed circuit board. Therefore, they are properly classified under HTS heading 8523 as “solid state non-volatile storage devices." |
| Proposed for revocation: NY R04440 (2006) |
| Proposed new ruling: HQ H168206 |
Amalfi Lanterns
| Item: Amalfi Lanterns Imported by Restoration Hardware. The lanterns are made up of a glass box with a metal frame. Each has a handle that would allow the articles to be hung from a projection and also may also be placed upon flat surfaces. |
| Current: 7013.99.9000, 7.2%, (Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…other glassware: other: other: other: valued over three dollars each: other: valued over five dollars each.) |
| Proposed: 9405.50.40, 6% (Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: Non-electrical lamps and lighting fittings: Other: Other) |
| Reason: CBP said it has consistently noted that a non-electric lamp or lighting fitting should include design features to contain or stabilize a burning source of light while providing unobstructed light to the surrounding area. The lanterns in question include a depression designed to support a candle, which allows them to act as lamps, said CBP. Due to the lantern's ability to provide lighting, it can be classified in heading 9405, said CBP In its proposed revocation, CBP disagreed with the claim that the agency previously created an "established and uniform practice" (EUP) for classification of article in subheading 9405.50. "Restoration alleges that an EUP existed because 'substantially similar items have been imported by [Restoration] and other home furnishings companies for years,' specifically citing to a single ruling letter," said CBP. But "one ruling concerning one entry at one port does not an EUP make," the agency said. |
| Proposed for revocation: NY N084615 (2009) |
| Proposed new ruling: HQ H097728 |