July 30 CBP Bulletin Proposes to Revoke Rulings on Dental Lamps, Toothbrush Sets
In the July 30 issue of the CBP Customs Bulletin (Vol. 48, No. 30), CBP published notices that propose to revoke rulings and similar treatment for the tariff classification of dental lamps and toothbrush sets.
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Comments on Proposals Due Aug. 29
CBP said consideration will be given to any written comments received by Aug. 29 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 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.
Dental Lamps
| Item: Dental halogen lamp that is designed for mounting onto a dentist chair. The lamp features a two-piece adjustable aluminum arm that measures approximately 43 inches long. One end of the arm is inserted into the aluminum housing of the transformer with a heavy gauge unfinished light cord and fitted bottom socket for accommodating the steel pole through its adapter. The lamp is imported without the pole which attaches it to a dental delivery system. |
| Current: 9405.40.60, 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: other electrical lamps and lighting fittings: other.) |
| Proposed: 9018.49.80, Free, (Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other: Other.) |
| Reason: Since the previous ruling, the Court of International Trade decided a case that found overhead lights for a surgical theater to be classifiable as instruments of surgical science. "Generally, dental lamps contain some of the same characteristics as those" at issue in lawsuit, said CBP. "There is evidence that the lamps are only used in the dental setting attached to dental chairs and meet the broad definition of apparatus used to aid the dentist in diagnosing disease," said CBP. Therefore, the lamps can be classified under heading 9018. |
| Proposed for revocation: HQ 965968 (2002) |
| Proposed new ruling: HQ H178917 |
Toothbrush Sets
| Item: Toothbrush sets consisting of either a plastic toothbrush holder, toothbrushes, plastic rinse cup, and a plastic toy or a plastic toothbrush holder, attached mirror, two toothbrushes and rinse cups. |
| Current: 9603.21.00, Free, (Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Toothbrushes, including dental-plate brushes.) |
| Proposed: Separate classification of each of the individual articles: Toothbrush holder, 3924.90.56, 3.4%, (Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other.) Rinse cup: 392410.40, 3.4% (Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.) Plastic toy: 9503.00.00, Free, (Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof.) Toothbrushes: 9603.21.00, Free (Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Toothbrushes, including dental-plate brushes.) or 3924.90.56, 3.4%, (Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other.) |
| Reason: The toothbrush sets that include a toy are not intended for use in a single purpose or activity, said CBP. The toothbrush-related items relate to oral hygiene while toys are used for amusement. Consequently, "CBP concludes that the articles are not so related as to be clearly intended for use with one another for a single purpose or activity and do not satisfy the 'particular need' or 'specific activity' description," it said. The set that does not include a toy does not include articles for a separate use of entertainment and therefore can be classified as a set under heading 3924, with the toothbrush holder giving the set its essential character, said CBP. |
| Proposed for modification: NY N047570 (2008), NY N034382 (2008), NY N021284 (2008), NY M84609 (2006) |
| Proposed new ruling: HQ H123519 |