Aug. 19 CBP Bulletin Proposes to Modify Ruling on Network Access Points
In the Aug. 19 Customs Bulletin (Vol. 54, No. 32), CBP published a notice that proposes to modify rulings and similar treatment for network devices known as access points.
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Comments on Proposals Due Sept. 18
CBP said consideration will be given to any written comments received by Sept. 18 before taking this action. In addition, any party that 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.
Network Access Point Device
| Item: Dual band gigabit ceiling mount access point |
| Current: 8517.62.0020, Free, “Telephone sets...; other apparatus for the transmission or reception of voice, images or other data...: Other apparatus for transmission or reception...: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Switching and routing apparatus.” |
| Proposed: 8517.62.0090, Free, “Telephone sets...; other apparatus for the transmission or reception of voice, images or other data...: Other apparatus for transmission or reception...: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” |
| Reason: “To be classified as switching or routing apparatus, the devices must perform switching or routing themselves and not merely rely on an external switching or routing device,” CBP said. “Based on the supplemental information provided and the notion that the access points concerned do not act as a switch or a router within the realm of networking terminology, CBP is now of the view that these three access points ... are properly classified under subheading 8517.62.0090.” |
| Proposed for modification: NY N301462, dated Nov. 20, 2018 |
| Proposed new ruling: HQ H304471 |