Feb. 8 CBP Bulletin Proposes to Revoke Ruling on White Noise Machines, Reflective Aluminum Panels
In the Feb. 8 Customs Bulletin (Vol. 57, No. 5), CBP published a proposal to revoke rulings on white noise machines and reflective aluminum panels.
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Comments on Proposals Due March 10
CBP said consideration will be given to any written comments received by March 10 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.
White Noise Machines
| Item: The SNOOZ is used to create white noise sounds for sleeping or noise masking. The device produces these sounds with a small brushless DC motor used to spin a fan blade that is inside a plastic acoustic enclosure. The fan is designed to create maximum sound with minimal air movement. It does not reproduce the sound electronically but it creates noise using a fan and the double wall adjustable housing. The device includes an AC adapter, decorative fabric wrap, printed circuit board and a touch control surface to control the volume of the fan speed inside the device. |
| Current: 8479.89.95, 2.5%, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other.” |
| Proposed: 8509.80.50, 4.1%, “Electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof: Other appliances: Other.” |
| Reason: The subject white noise machine constitutes an electromechanical domestic appliance because the device includes a self-contained DC motor and thus incorporates an electric motor per the requirement of the legal text and the device produces sound electromechanically; i.e., the electric motor powers the fan within the acoustic housing. |
| Proposed for revocation: N283732, dated March 21, 2017 |
| Proposed new ruling: H328381 |
Reflective Aluminum Panels
| Item: A composite material made by laminating a polyethylene core between two sheets of aluminum alloy. The silver colored surface is electroplated with a layer of nickel and chromium, the bronze colored surface is electroplated with nickel alloy, and the gold colored surface is electroplated with brass. |
| Current: 7616.99.5190, 2.5%, “Other articles of aluminum: Other: Other: Other: Other: Other: Other.” |
| Proposed: Panels with an aluminum component thickness exceeding 0.2 mm are classified in heading 7606 as “Aluminum plates, sheets and strip, of a thickness exceeding 0.2 mm.” |
| Proposed: Panels with an aluminum component thickness not exceeding 0.2 mm are classified in heading 7607 as “Aluminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm.” In order to provide duty rates for the merchandise at issue, each item must be specifically described and identified for purposes of classification. |
| Reason: The reflective aluminum composite panels are classified based on the thickness of the aluminum component. Where the aluminum component has a thickness exceeding 0.2 mm, the entire article is classified in heading 7606 as aluminum sheets. Where the aluminum component has a thickness not exceeding 0.2 mm, the entire article is classified in heading 7607 as aluminum foil. |
| Proposed for revocation: HQ 953138, dated March 18, 1993 |
| Proposed for modification: NY N284130, dated Sept. 15, 2017 |
| Proposed new ruling: H320936 |