October 4, 2006 CBP Bulletin Notice on Certain Cut-to-Length Insulated Wire with Connectors and Terminals, Subassemblies
In the October 4, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 41), CBP published a notice proposing to modify one classification ruling and revoke treatment as follows:
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Proposed modification of ruling; proposed revocation of treatment.. CBP is proposing to modify one ruling on the classification of certain cut-to-length insulated wire with connectors and terminals, also known as automotive wiring harness subassemblies. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling modification, or any party involved with a substantially identical transaction, should advise CBP by November 3, 2006, 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 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.
Cut-to-length insulated wire with connectors and terminals; subassemblies. The merchandise is described as automotive wiring harness subassemblies, which consist of cut-to-length insulated wires connected together by terminals on one or both ends and having at least one attached connector. The purpose of the wires is to serve as subassemblies of automotive wiring harnesses.
CBP is proposing to issue HQ 967801 in order to modify NY L85665. In NY L85665 the items were classified in subheading 8544.30.0000 as "Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships", using a GRI 2(a) analysis as articles having the essential character of wiring sets. The inquiring party requested reconsideration of the ruling, however CBP has held that the classification remains correct but the underlying analysis should be modified. It is now CBP's position that the proper legal analysis for classification of the merchandise is based on the application of GRI 1. CBP has held that the item can be considered on an eo nominee basis as a "wiring set". CBP cites several court cases and dictionary definitions to support this holding (see bulletin for details). CBP states the following: "harness" is not a part of the language of the provision, however, because eo nomine provisions normally include all forms of the article, and because wiring harnesses are within the terms of heading 8544, as explained by the Explanatory Notes (they have a conductor and one or more coverings of insulated material), then insulated wiring sets, such as wiring harnesses, are classified in subheading 8544.30.0000, as if provided for by name.
proposed: change in legal analysis, no change in classification; 8544.30.0000, 5%.
October 4, 2006 CBP Bulletin (Vol. 40, No. 41) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_10042006_no41/