September 29, 2004 CBP Bulletin Notices on a Feather "Duster" Tickler and Certain Laser Units for Barcode Scanners
In the September 29, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 40), CBP issued notices: (a) proposing to modify a classification ruling on a feather "duster" tickler, and (b) revoking a classification ruling on certain laser units for barcode scanners. CBP states that it is also revoking, or 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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According to CBP, the revocation is effective for merchandise entered or withdrawn from warehouse for consumption on or after November 28, 2004.
CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed ruling, or any party involved with a substantially identical transaction, should advise CBP by October 29, 2004, the date that written comments on the proposed ruling 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 Modification of Classification Ruling
Feather "Duster" Tickler. At issue is a feather "duster" tickler that is included in an incomplete sensual travel kit.
CBP is proposing to issue HQ 967294 in order to revoke NY J89913 and reclassify the tickler in HTS 6701.00.3000 which provides for "articles of feathers or down" rather than in HTS 9603.90.4000 which provides for "feather dusters."
CBP states that it had classified the tickler in HTS 9603.90.4000; however, Explanatory Note (EN) 96.03(D) describes "feather dusters" as consisting of a bundle of feathers mounted on a handle and used for dusting furniture, shelves, shop windows, etc.
According to CBP, the subject tickler is not used for "dusting," but rather it is used to "tickle" the body. Therefore, CBP states that because the EN includes only articles used for cleaning purposes, classification of the tickler in HTS 9603.90.4000 is not appropriate, but rather the tickler should be classified in HTS 6701.00.3000.
proposed: 6701.00.3000, 4.7%; current: 9603.90.4000, duty-free
Revocation of Classification Ruling
Certain Laser Units for Barcode Scanners. The laser units at issue are components of various laser diode-based horizontal scanners which are used with point-of-sale (POS) systems to read bar codes in transaction-intensive environments.
CBP is issuing HQ 966863 in order to revoke HQ 958839 and reclassify the laser units under HTS 8473.30.5000 as "other parts and accessories of the machines of heading 8471, not incorporating a cathode ray tube," rather than under HTS 8473.29.0000 as "other parts and accessories of the machines of heading 8470."
CBP states that it had ruled that the horizontal scanner used to read bar codes could not be classified under HTS 8471 because it was not principally used with automatic data processing (ADP) machines (or units thereof). However, CBP now states that HTS 8471 does not limit itself merely to ADP machines and units thereof, but also provides for, among other things, optical readers. In addition, the ENs to 84.71 state, in pertinent part, that HTS 8471 provides for optical readers, which includes bar code readers.
Therefore, CBP states that the subject horizontal scanners are within the scope of HTS 8471 as optical readers, and as a result, the laser units are classified under HTS 8473.30.5000.
(See ITT's Online Archives or 08/06/04 news, 04080645, for BP summary of the proposed ruling.)
new: 8473.30.5000, duty-free; previous: 8473.29.0000, duty-free
September 29, 2004 CBP Bulletin (Vol. 38, No. 40) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_09292004_no_40/