October 26, 2005 CBP Bulletin Notice On an Item Described in Error as an Ethernet Card
In the October 26, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 39, No. 44), CBP issued a notice proposing to revoke a classification ruling on an item described in error as an Ethernet card. 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 this notice.
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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 ruling, or any party involved with a substantially identical transaction, should advise CBP by November 25, 2005, the date that written comments on the proposed ruling is 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.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of Classification Ruling
Ethernet card described in error. At issue is an Ethernet card (Cisco Systems, Inc. (Cisco) WS-X4148RJ45 Ethernet card), which was originally described and classified in error as an Ethernet card. Cisco has now reported to CBP that part number WS-X4148RJ45 does not exist; the actual part number is WS-X4148RJ45V, which is a 48-port switching line card with inline power for certain Cisco Internet Protocol (IP) telephony. The instant line card detects IP telephones and supplies power to them via the switch, in lieu of an electrical outlet. It permits the communication of telephone, fax, and computers over a wide area.
CBP is proposing to issue HQ 967631 in order to revoke NY K87985 so as to classify the subject merchandise under HTS 8517.90.4400, which provides for printed circuit assemblies for telegraphic apparatus; rather than under HTS 8471.80.1000, which provides for control or adapter units.
CBP explains that subject merchandise was originally classified based on the incorrect part number and description. CBP states that this confusion likely arose from the similarity of several part numbers and the variety of line cards described in Cisco's product literature Web site, which accompanied the original ruling request.
Based upon CBP's review of the product literature, the line card, being designed for inline power and exclusively used with the particular series of switches for an inline power multi-service communications infrastructure, will be classified as a part of the apparatus of HTS 8517, and specifically provided for under the subheading as a printed circuit assembly for telegraphic apparatus.
proposed: 8517.90.4400, duty-free; current: 8471.80.1000, duty-free.
October 26, 2005 CBP Bulletin (Vol. 39, No. 43) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_10262005_no44/