October 5, 2005 CBP Bulletin Notice on Power Strips
In the October 5, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 41), CBP issued a notice proposing to revoke or modify ten classification rulings with respect to power strips. CBP states that it is proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice of proposed revocation/modification.
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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 November 4, 2005, 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 this notice.
CBP also states that this notice cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation and Modification of Ten Classification Rulings
Power strips. At issue in these proposed revocations and modifications are certain power strips with varying numbers of outlets that have various features such as: surge protection and circuit breakers. See individual proposed ruling letters for more specific description of each of the individual items at issue.
CBP is proposing to issue HQ 967525 in order to revoke PD B89475, HQ 967869 in order to revoke both NY FJ83865 and NY J83866, HQ 967870 in order to revoke NY I86010, HQ 967871 in order to modify NY H89911, HQ 967872 in order to revoke both NY H89890 and NY J81768, HQ 967873 in order to revoke NY F87515, HQ 967874 in order to modify NY F82743, and HQ 967875 in order to modify NY D87643. In each case, CBP is proposing to classify the items at issue under HTS 8537.10.90, which provides for other boards, panels, consoles, etc. equipped with two or more apparatus of HTS 8535 or 8536 for electric control or the distribution of electricity for a voltage not exceeding 1,000 V, etc.
With the exception of the power strip currently classified in NY F82743, all of the items at issue are currently classified in HTS 8536.30.8000, which provides for other apparatus for protecting electrical circuits. The merchandise in NY F82743 is currently classified under HTS 8544.51.9000, which provides for other electric conductors, for a voltages exceeding 80 V but not exceeding 1,000 V, fitted with conductors.
Among other things, CBP explains that the Explanatory Notes (ENs) at 85.36 discuss fuses and indicate further that the heading includes other devices for preventing overload of circuits (e.g., electro-magnetic devices which automatically break the circuit when the current exceed a certain value). CBP states that the items at issue are devices that prevent the overload of circuits.
Moreover, CBP states that in Universal Electronics, Inc. v. U.S., articles incorporating two kinds of devices of HTS 8536 (i.e., switches and terminals) were found to be classifiable in HTS 8537. Therefore, the devices at issue, which each incorporate two kinds of apparatus of HTS 8536 on a board panel, console, or other base, principally used for electric control are provided for in HTS 8537.10.90.
proposed: 8537.10.90, 2.7%; current: 8536.30.8000, 2.7%; 8544.51.9000, 2.6%.
October 5, 2005 CBP Bulletin (Vol. 39, No. 41) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_10052005_no41/