May 15 CBP Bulletin Proposes to Revoke Rulings on Car Covers, Solar Kits
In the May 15 Customs Bulletin (Vol. 53, No. 15), CBP published notices that propose to revoke rulings and similar treatment for textile car covers and solar kits.
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Comments on Proposals Due June 14
CBP said consideration will be given to any written comments received by June 14 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.
Car Covers
| Item: Textile car covers |
| Current: 8708.99, 3.1%, “Other parts and accessories of motor vehicles." |
| Proposed: 6307.90.98, 7%, “Other made up articles, including dress patterns: Other: Other: Other." |
| Reason: The car cover is not in contact with the car while the car is in use, which means "the car cover is neither a part nor an accessory," CBP said. |
| Proposed for revocation: HQ 088040 (1991), NY 864763 (1991) and NY 866826 (1991) |
| Proposed new ruling: HQ H260066 |
Solar Kits
| Item: Solar kits |
| Current: 8541.40.60, “Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes (LED); mounted piezoelectric crystals; parts thereof: Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes (LED): Other diodes." |
| Proposed: 8501.31.80, "Electric motors and generators (excluding generating sets): Other DC motors: DC generators: Of an output not exceeding 750 W: Generators.” |
| Reason: Sunforce, an importer of the goods, provided evidence that CBP treated the goods as classified under 8541.40.60 on a national basis. As a result, CBP must go through a notice and comment process in order to change the classification. |
| Proposed for revocation: CBP's previous treatment for the merchandise. |
| Proposed new ruling: HQ H298151 |