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May 25 CBP Bulletin Proposes to Revoke Ruling on Fluorescence Confocal Microscopes

In the May 25 Customs Bulletin (Vol. 56, No. 20), CBP published a proposal to revoke a ruling on fluorescence confocal microscopes.

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Comments on Proposals Due June 24

CBP said consideration will be given to any written comments received by June 24 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations after the effective date of the final decision in this notice.)

Proposals

CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.

Fluorescence Confocal Microscope

Item: A stand-alone fluorescence confocal microscope. It utilizes a confocal laser system with fiber optic probes that allow for the imaging of the internal microstructure of tissue. The instrument consists of a wheeled platform that incorporates the requisite laser imaging system, a touchable user interface, connectors for the fiber optic probes, and other peripheral equipment, such as a thermic printer. It is suitable for use in a variety of applications, including gastroscopy, colonoscopy, bronchoscopy and uteroscopy, among others.
Current: 9012.10.00, free, “Microscopes other than optical microscopes; diffraction apparatus; parts and accessories thereof: Microscopes other than optical microscopes; diffraction apparatus.”
Proposed: 9018.19.40, free, “Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Electrodiagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters); parts and accessories thereof: Other: Apparatus for functional exploratory examination, and parts and accessories thereof.”
Reason: The tariff terms “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences” heading are more specific than the tariff term “microscopes.”
Proposed for revocation: N300518, dated Oct. 10, 2018
Proposed new ruling: HQ H311645