February 1, 2006 CBP Bulletin Notices on a Radiotelephony Base Station Cabinet and Noise-Limiting Hood
In the February 1, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 6), CBP issued a notice proposing to revoke two classification rulings on a radiotelephony base station cabinet and a noise-limiting hood. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
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CBP states that any party who has received an interpretive ruling or decision on merchandise subject to these notices, and/or any person involved in substantially identical transactions should advise CBP by March 3, 2006, 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 covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of Two Classification Rulings
Radiotelephony base station cabinet and a noise-limiting hood. At issue are two separate items: a radiotelephony base station cabinet and a noise-limiting hood. The cabinet, which contains an empty rack and is made up of doors, mounting sets, an earthing set, nuts, screws, and angle bars, is designed for placement outdoors and is used to house all of the necessary radiotelephonic equipment necessary for cellular phones to operate.
The noise-limiting hood is constructed from aluminum that is coated with a sound absorbent polyurethane plastic and also includes small stainless steel brackets that are used for installation. Its function is to reduce the noise level of the operating radio base station by approximately 10 decibels and is designed exclusively for use within a radiotelephonic base station.
CBP is proposing to issue HQ 967961 and HQ 967960 in order to revoke NY R00933 and NY R02586, respectively, and reclassify subject merchandise under HTS 8529.90.8600, which provides for "Parts suitable for usesolely orprincipally with the apparatus of headings 8525 to 8528: other parts of articles of headings 8525 and 8527, except parts of cellular telephones: other;" rather than under HTS 9403.10.0040 and 9403.90.8040, which provide for other furniture and parts thereof, etc.
According to CBP, Explanatory Note 1(g) to Chapter 94, states in pertinent part, that Chapter 94 does not cover "furniture specifically designed as apparatus...of HTS headings 8525 to 8528 (heading 8529)". As the subject cabinet is clearly intended to house cellular telephone equipment, which is classified as radiotelephony equipment in HTS heading 8525, CBP states that this cabinet is principally used with the apparatus of heading 8525.
With respect to the noise-limiting hood, CBP states that it is not a part of furniture since it is used within a radio base station cabinet and is used exclusively with radiotelephonic equipment included in heading 8525.
Therefore, in accordance with General Rule of Interpretation (GRI) 1, CBP proposes to reclassify the subject cabinet and noise-limiting hood under HTS 8529.
proposed: HTS 8529.90.8600, duty-free; current: 9403.10.0040 and 9403.90.8000, duty-free.