Jan. 20 CBP Bulletin Proposes to Revoke Rulings on Hydraulic Braking System
In the Jan. 20 issue of the CBP Customs Bulletin (Vol. 50, Nos. 2 and 3) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for hydraulic braking system parts.
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Comments on Proposals Due Feb. 19
CBP said consideration will be given to any written comments received by Feb. 19 before taking this action. In addition, any party who 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 subsequent to 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.
Hydraulic Braking System Parts
| Item: Brake wheel cylinder, brake master cylinder, and caliper piston. |
| Current: 8708.39.5050, 2.9%, (Parts and accessories of ... motor vehicles ... : Brakes ... and parts thereof: Other: For other vehicles: Other) |
| Proposed: Brake master cylinders -- 8413.50.00, Free, (Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof: Other reciprocating positive displacement pumps.); Brake fluid reservoir and brake fluid reservoir mounting bracket -- 8413.91.90, Free, (Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof: Parts: Of pumps: Other.); Brake wheel cylinder -- 8412.21.00, Free, (Other engines and motors, and parts thereof: Hydraulic power engines and motors: Linear acting (cylinders)); Caliper piston -- 8412.90.90, Free, (Other engines and motors, and parts thereof: Parts: Other.) |
| Reason: CBP said the U.S. Court of International Trade has provided guidance concerning the classification of merchandise as “parts of motor vehicles” of heading 8708 and has held that a subpart of a particular automotive part should not be classified in heading 8708 if that subpart is more specifically provided for elsewhere. Pursuant to the CIT's guidance and CBP explanatory notes, CBP must consider whether the parts are described in the headings 8404 through 8479, said CBP. |
| Proposed for revocation: NY A85455 (1996), HQ 952719 (1993) |
| Proposed new ruling: HQ H222415 |