October 4, 2006 CBP Bulletin Notice on Certain Fastener Repair Kits
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 revoking a classification treatment as follows:
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Revocation of treatment. CBP is revoking any treatment previously accorded by CBP to transactions involving certain fastener repair kits that are substantially identical to those described in HQ 563322 (October 26, 2005).
This revocation of treatment is effective for merchandise entered or withdrawn from warehouse for consumption on or after December 3, 2006.
Fastener repair kits. The merchandise consists of four fastener repair kits that include a varying number of steel wire inserts, installation tools, and recoil screw thread insert (STI) taps. In short, the basic components of the kits are inserts, tools, and taps.
CBP stated in HQ 563322 (October 26, 2005), that the components of the kits, if separately classified, were stated to be as follows: Inserts: 7318.29.0000, Tools: 8205.59.5560, and Taps: 8207.40.3000.
CBP determined that the kits had no essential character. The tool, taps and inserts were deemed equally important, and each component merited equal consideration. Therefore, the kit was classified according to GRI 3(c) which provides that if a set cannot be classified pursuant to GRI 3(a) or (b), it will be classified in the heading that occurs last in numerical order among those that merit equal consideration. CBP determined that in accordance with GRI 3(c), these fastener repair kits should be classified in HTS 8207.40, which provides for tools for tapping or threading, and parts thereof.
CBP now states that evidence has been presented which substantiates that a "treatment" as described in 19 CFR 177.12(c) was previously accorded to substantially identical transactions, where such fastener repair kits were classified in HTS 7318.29.0000.
Pursuant to 19 U.S.C. 1625 (c)(2), CBP states that it is revoking any treatment previously accorded to substantially identical transactions that is not in accordance with the analysis set forth in HQ 563322. There was no additional ruling issued.
new: 8207.40.3000, 5.7%; previous: 7318.29.0000, 2.8%.
(See ITT's Online Archives or 09/06/06 news, 06090650, for BP summary of proposed revocation of treatment.)
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/