August 18, 2004 CBP Bulletin Notices on Portable Locking Gun Cases and a Security Indicator Assembly
In the August 18, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 34), CBP issued notices: (a) revoking a classification ruling on portable locking gun cases, and (b) modifying a classification ruling on a security indicator assembly. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
With respect to this revocation and modification, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after October 17, 2004. CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of Classification Ruling
Portable Locking Gun Cases. At issue are two styles of portable gun cases that are constructed of aluminum and feature carrying handles.
CBP is issuing HQ 967109 in order to revoke NY G89340 and reclassify the gun cases under HTS 4202.99.9000 which provides for, among other things, "other gun cases, etc." rather than under HTS 7616.99.5090 as "other articles of aluminum."
CBP states that in previous rulings it had ruled that certain gun cases with carrying handles, etc. were classifiable under HTS 4202. Therefore, according to CBP, the subject gun cases are properly classified as gun cases in HTS 4202 as they are by name provided for in the exemplars for that heading.
new: 4202.99.9000, 20%; previous: 7616.99.5090, 2.5%.
Modification of Classification Ruling
Security Indicator Assembly. At issue is a security indicator assembly, which consists of a wiring harness with a connector attached to one end and a plastic housing containing a small printed circuit board and an LED at the other end that is illuminated when the security system is activated.
CBP is issuing HQ 966661 in order to modify NY E81170 and reclassify the assembly under HTS 8512.20.4040 as "visual signaling equipment for the vehicles of subheading 8701.20 or heading 8702, 8703, 8704, 8705, or 8711" rather than under HTS 8544.30.0000 which provides for "ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships."
In distinguishing between HTS 8512 and 8544, CBP states that it has previously found that a wiring harness with a bulb is classified in HTS 8512 while a wiring harness imported without a bulb is classified in HTS 8544.
CBP also previously determined that under General Rule of Interpretation (GRI) 3(b), the essential character of a combination lamp assembly, which included a hazard light, performed as visual signaling equipment and therefore was classified under HTS 8512.20.40. CBP further found in another previous ruling that an automotive wiring and LED warning light assembly was classified in HTS 8512.20.4040.
CBP states that because the function of the indicator is to provide a visual warning to the automobile operator and it is imported with the LED included, it is properly classified under HTS 8512.20.4040.
new: 8512.20.4040, 2.5%; previous: 8544.30.0000, 5%.
(See ITT's Online Archives or 06/29/04 news, 04062955, for BP summary of the proposed revocation and modification, including more detailed descriptions of the subject merchandise.)
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/