Sept. 29 CBP Bulletin Proposes to Revoke, Modify Rulings on Solar Panels, Dump Truck Tires
In the Sept. 30 issue of the CBP Customs Bulletin (Vol. 49, No. 39) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for solar panels and truck tires.
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Comments on Proposals Due Oct. 30
CBP said consideration will be given to any written comments received by Oct. 30 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 modifications, 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 any treatment it has previously accorded to substantially identical transactions.
Solar Panels
| Item: Solar panels imported from Mexico. |
| Current: The solar panels may be labeled as “Components from Japan, Assembled in Mexico” or “Components from Japan, Manufactured in Mexico.” |
| Proposed: The panels may not be labeled “Components from Japan, Assembled in Mexico” or “Components from Japan, Manufactured in Mexico.” |
| Reason: The single material or component that impacts the essential character to the solar panels is the individual solar cell. The country of origin for marking purposes of the finished solar panels is Japan, the country of origin of the individual solar cells. |
| Proposed for revocation: NY N047417 (2009), NY R00721 (2004) |
| Proposed new ruling: HQ H266527 |
Truck Tires
| Item: Several types of off-the-road tires for dump trucks. |
| Current: 4011.20 (New pneumatic tires, of rubber: Of a kind used on buses or trucks.) |
| Proposed: 4011.93 or 4011.94 (New pneumatic tires, of rubber: Other: Of a kind used on construction or industrial handling vehicles and machines....) or 4011.62 or 4011.63 (New pneumatic tires, of rubber: Other, having a herringbone or similar tread: Of a kind used on construction or industrial handling vehicles and machines.) |
| Reason: Dumpers or dump-body trucks are not trucks, said CBP. As such, the off-the-road tires of dumpers or dump-body trucks are not tires “of a kind used on buses or trucks” within the scope of subheading 4011.20 |
| Proposed for modification: HQ 958100 (1997), HQ 959730 (1997) |
| Proposed for revocation: HQ 966360 (2003) |
| Proposed new ruling: HQ H263571 |