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April 21, 2010 CBP Bulletin Notice on Final Ruling Modifications/Revocations

In the April 21, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 17), CBP published a notice that revokes certain rulings in order to correctly classify the products described below.

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Revocations and Modifications

CBP is revoking or modifying the rulings described below; in addition, this notice covers any rulings on this merchandise that may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.

According to CBP, the revocations and modifications are effective for merchandise entered or withdrawn from warehouse for consumption on or after June 21, 2010.

New RulingDescription/ReasonNew HTS/RateFormer HTS/Rate
HQ H024874,

HQ H024876,

HQ H024878,

HQ H095035

(Revokes NY H87026 and

NY 816502

Modifies NY 817979 and

NY K821301)

LED (light emitting diode) modules (1) mounted on a frame, with housing, lens, and PCB -- used to illuminate walls (2) connected to a printed circuit board -- to be incorporated into a promotional button, (3) connected to a module assembly power source -- to light holiday display ornaments, or (4) with a motion detector -- for use in a scooter handlebar.

It is now CBP’s view that these LEDs, as they are with other components, are classified as lamps and lighting fittings, rather than as individual LEDs

9405.40.80

3.9%

8541.40.2000

duty-free

1CBP identified this additional ruling on the issue, which was not included in the proposed notice.

(See ITT’s Online Archives or 12/21/09 news, (Ref: 09122145), for BP summary of proposed revocations and modification.)

CBP Bulletin dated April 21, 2010 available in the printed Customs Bulletin (dated 04/21/10, Volume 44, No. 17) available by emailing documents@brokerpower.com. Should also be available on CBP’s website soon.