August 18, 2004 CBP Bulletin Notices on Truck Engine Cooling Fan Clutches and Calibration Lamps
In the August 18, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 34), CBP issued notices: (a) proposing to revoke nine classification rulings on truck engine cooling fan clutches, and (b) proposing to revoke a classification ruling on calibration lamps. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by September 17, 2004, the date that written comments on the proposed rulings are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in these notices.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of Ten Classification Rulings
Truck Engine Cooling Fan Clutches. At issue is an engine cooling fan clutch that is a small fluid coupling with a thermostatic device that controls a variable-speed fan. The clutch ensures that the fan will rotate at the right speed to keep the engine from overheating and reduces the drive to the fan when it is no longer needed. Typically, a fan clutch is belt-driven and is mounted on the front of the engine.
CBP is proposing to issue HQ 966972 in order to revoke NY I88480, NY I88481, NY I88482, NY I88483, NY I88484, NY I89250, NY I89251, NY I89252, and NY I89253 and reclassify the clutches under HTS 8483.60.4040 as "clutches" rather than under HTS 8708.99.8080 which provides for "other parts and accessories of the motor vehicles of headings 8701 to 8705."
CBP states that based on the information and material available, it has determined that the engine fan clutch is an integral part of an internal combustion engine, and thus under Section XVII, Note 2(e), it is excluded from being classified in HTS 8708 as a part of a motor vehicle.
Section XVI, Note 2(a) states that parts which are goods included in any of the headings of Chapters 84 or 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8485, 8503, 8522, 8529, 8538, and 8548) are in all cases to be classified in their respective headings. Therefore, CBP has concluded that under Section XVI, Note 2(a), the engine fan clutches fall within HTS 8483, a heading for clutches.
CBP further states that this position is consistent with its determination in NY A84377 and NY J88108 that engine fan clutches are classified in HTS 8483.60.40 as clutches.
proposed: 8483.60.4040, 2.8%; current: 8708.99.8080, 2.5%.
Calibration Lamps. At issue are two calibration lamps, one krypton and the other deuterium, designed for use with the Hubble Space Telescope. CBP states that each lamp is a self contained unit, totally enclosed within its own glass envelope; therefore, each lamp retains its own identity even though inserted into the Space Telescope Image Spectrograph (STIS), which was being developed for installation in the Hubble Space Telescope during a 1997 servicing mission.
CBP is proposing to issue HQ 966938 in order to revoke NY 802823 and reclassify the lamps under HTS 8539.49.0040 as "ultraviolet lamps" rather than under HTS 9031.90.5500 (1994) which provided for "other parts and accessories of other optical instruments and appliances, other than test benches."
In addition to considering a previous court decision and previous rulings, as well as applicable Explanatory Notes (ENs), CBP explains that Chapter 90, Note 2(a) states that parts and accessories which are goods included in any of the headings of Chapter 90 or of Chapter 84, 85 or 91 (other than headings 8485, 8548 or 9033) are in all cases to be classified in their respective headings.
Since Chapter 90, Note 2(a) directs classification of the articles in their own appropriate heading and not as a part or accessory, CBP states that the lamps should be classified under HTS 8539.49.0040 as ultraviolet lamps.
proposed: 8539.49.0040, 2.4%; current: 9031.90.5500 (1994), 10%.
August 18, 2004 CBP Bulletin (Vol. 38, No. 34) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_08182004_no34/