Sept. 3 CBP Bulletin Proposes to Modify Ruling on Phosphor Plates Used in Dental X-Rays
In the Sept. 3 issue of the CBP Customs Bulletin (Vol. 48, No. 35), CBP published a notice that proposes to modify a ruling and similar treatment for the tariff classification of phosphor plates.
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Comments on Proposals Due Oct. 3
CBP said consideration will be given to any written comments received by Oct. 3 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 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.
Phosphor Plate Barrier Envelopes
| Item: Phosphor Plate Barrier Envelopes. A phosphor plate is placed in a barrier envelope and then placed on a film holding device. The phosphor plates are exposed to X-rays inside a patient’s mouth, removed, and then read by a specialized apparatus. The envelopes are not accessories to X-ray apparatus, but rather are accessories to photographic plates and films. |
| Current: 3926.90.9980, 5.3%, (Other articles of plastics, other.) |
| Proposed: 9022.90.60, 0.8%, (Apparatus based on the use of X-rays or of alpha, beta or gamma radiations, whether or not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus, X-ray tubes and other X-ray generators, high tension generators, control panels and desks, screens, examination or treatment tables, chairs and the like; parts and accessories thereof: Apparatus based on the use of X-rays, whether or not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus: Other, including parts and accessories: Other: Of apparatus based on the use of X-rays.) |
| Reason: CBP previously said the article was excluded from heading 9022. While photographic plates themselves are excluded from classification in heading 9022, articles attached to the plates that are used in a way to enhance the function of the X-ray itself are accessories to the machine. |
| Proposed for modification: NY N050327 (2009) |
| Proposed new ruling: HQ H061207 |