June 9, 2004 CBP Bulletin Notices on Country of Origin Marking for Imported Auto Parts Repackaged for Retail Sale, Certain Multiple Switches, and Certain Laryngectomy Covers
In the June 9, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 24), CBP issued notices (a) modifying a ruling regarding the country of origin marking for imported auto parts that are repackaged in the U.S. for retail sale, (b) modifying two classification rulings on certain multiple switches, and (c) revoking a classification ruling on certain laryngectomy covers. CBP states that it is also modifying or revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in notices (a) and (c).
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CBP states that the modification regarding the auto parts is effective August 8, 2004, and the modifications and revocation regarding classification are effective for merchandise entered or withdrawn from warehouse for consumption on or after August 8, 2004.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Modification of Three Rulings
Country of origin marking for imported auto parts that are repackaged in the U.S. for retail sale. CBP is issuing HQ 562867 in order to modify HRL 734491, in which it had held that marking sealed or unsealed cartons in which the auto parts were repackaged with the statement "Contents Imported/See Article for Country of Origin" would be sufficient to advise the ultimate purchaser of the country of origin of the auto part.
However, CBP now states that such marking on a sealed container is not permitted unless the sealed container is transparent so as to permit the ultimate purchaser to view the country of origin marking on the article contained within. Therefore, CBP is modifying HRL 734491 in order to reflect this determination.
(See ITT's Online Archives or 04/05/04 news, 04040545, for BP summary of the proposed ruling.)
Certain Multiple Switches. CBP is issuing HQ 966188 in order to modify HQ 964533, which concerned the classification of certain automotive multiple switches. While the classification result in HQ 964533 was correct (HTS 8537), CBP states that its interpretation of Universal Electronics, Inc. v. U.S. therein was incorrect. Therefore, CBP is affirming the classification of the switches under HTS 8537 based on the plain language of HTS 8537 and its analysis in HQ 966188, rather than its interpretation of Universal Electronics.
CBP is also issuing HQ 966298 in order to modify HQ 958708 to affirm its classification of certain membrane switch assemblies under HTS 8537, and newly clarify the reasoning therefore.
(See ITT's Online Archives or 03/24/04 news, 04032440, for BP summary of the proposed rulings.)
Revocation of Classification Ruling
Certain Laryngectomy Covers. At issue are three types of laryngectomy covers.
CBP is issuing HQ 966874 in order to revoke HQ 951654 and reclassify (a) the Romet laryngectomy filter covers under HTS 6117.80.9510 as "other accessories of cotton," (b) the Buchanan laryngectomy protector under HTS 3926.90.9880 as "other articles of plastics and articles of other materials of headings 3901 to 3914," and (c) the Stomafoam squares under HTS 3919.90.5060 as "other self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls;" rather than classifying all three under HTS 9021.90.8000 which provides for "other orthopedic appliances, etc. which are worn, etc. to compensate for a defect or disability, etc."
According to CBP, the three covers are correctly classified according to their material makeup. CBP notes that these covers remain eligible for duty-free treatment under HTS 9817.00.96.
(See ITT's Online Archives or 04/14/04 news, 04041450, for BP summary of the proposed ruling, including a complete description of the subject covers. Subscribers should note that in the proposed ruling, CBP had only specified the proposed HTS numbers for (b) and (c) identified above up to eight-digit levels.)
new: 6117.80.9510, 14.6% (Cat 359); 3926.90.9880, 5.3%; 3919.90.5060, 5.8%.
previous: 9021.90.8000, duty-free.
June 9, 2004 CBP Bulletin (Vol. 38, No. 24) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_06092004_no_24/