July 23 CBP Bulletin Proposes to Revoke, Modify Rulings on Wind Turbine Frames, Kayaks
In the July 23 issue of the CBP Customs Bulletin (Vol. 48, No. 29), CBP published notices that propose to modify or revoke rulings and similar treatment for the tariff classification of wind turbine frames and kayaks.
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Comments on Proposals Due Aug. 22
CBP said consideration will be given to any written comments received by Aug. 22 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.)
Proposals
CBP is proposing to revoke or modify 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.
Wind Turbine Frames
| Item: Wind Turbine Frame. A cast iron piece that acts as the base/floor of a wind turbine generator set. The “Mainframe” is mounted within the nacelle housing of a wind turbine. This base unit, attaches to the upper most portion of the tower via its “rotation center”. Within the nacelle housing the main frame (front frame) supports the gear box, main shaft assembly, yaw motors, support columns, rotation counter, and rotor locking system. It also attaches to a rear frame assembly that is used to support the generator and control cabinets. |
| Current: 8503.00.9560, 3%, (Parts suitable for use solely or principally with machines of heading 8501 or 8502: Other: Other: Other) |
| Proposed: 8412.90.90, Free, (Other engines and motors, and parts thereof: Parts: Other) |
| Reason: CBP has previously classified certain other individual components contained inside the nacelle housing as parts of a wind engine. If the frame were removed, there would be no support or alignment for these parts, the proposal said. The wind engine would no longer be able to perform its intended function, which is to convert wind energy into electricity and to supply that mechanical energy to the electric generator. The frame is a “part” of a wind engine and classifiable in heading 8412, it said.. |
| Proposed for revocation: NY N090476 (2010) |
| Proposed new ruling: HQ H169057 |
Kayaks
| Item: Kayak from China. A blow-molded kayak made from High Density Polyethylene plastic that can be sat on and is used for recreation. |
| Current: 8903.99.1500, 2.7%, (Yachts and other vessels for pleasure or sports; row boats and canoes: Other: Row boats and canoes which are not of a type designed to be principally used with motors or sails: Other.) |
| Proposed: 8903.99.05, Free, (Yachts and other vessels for pleasure or sports; row boats and canoes: Other: Row boats and canoes which are not of a type designed to be principally used with motors or sails: Canoes) |
| Reason: CBP has previously ruled that kayaks are described by the term “canoe” because both vessels are characterized by lightness, maneuverability, versatility, ease of repair, silent operation and relatively inexpensive cost, as well as being best known for their application in leisure activities such as touring and camping, or racing and for formal drills and stunts. Given their similarities, it is proper that kayaks are classified under the subheading for “canoes," said CBP. |
| Proposed for modification: NY N246367 (2013) |
| Proposed new ruling: HQ H251131 |