July 19 CBP Bulletin Proposes to Revoke, Modify Rulings on Surgical Microscopes, Coconut Water
In the July 19 issue of the CBP Customs Bulletin (Vol. 51, No. 29) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for surgical microscopes and coconut water.
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Comments on Proposals Due Aug. 18
CBP said consideration will be given to any written comments received by Aug. 18 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.
Surgical Microscopes
| Item: Surgical microscopes |
| Current: Eligible for duty-free treatment under subheading 9817.00.96. |
| Proposed: Not eligible for duty-free treatment under subheading 9817.00.96. |
| Reason: No evidence has been presented to show that these surgical microscopes were specially designed or adapted for the use or benefit of physically handicapped individuals and that they were not suited for many general uses, CBP said. "Therefore, we do not find that the subject surgical microscopes have characteristics that create a substantial probability of use by the chronically handicapped." |
| Proposed for modification: NY N249825 (2014), NY N246385 (2013), and HQ 961705 (1999) |
| Proposed for revocation: HQ 561801 (2002) and HQ 561940 (2001) |
| Proposed new ruling: HQ H275827, HQ H285358 |
Coconut Water
| Item: The subject merchandise is 100 percent young coconut water, and coconut water concentrate derived from coconut, separated from any solid materials, filled, weighed and stored in an ultra high temperature chiller prior to being packed into individual cartons |
| Current: Heading 2202, "Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009." |
| Proposed: Heading 2009, "Fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter." |
| Reason: Fruit and vegetable juices are excluded from the heading by the text of 2202. A coconut is the fruit, or seed, of a coconut tree, therefore coconut water is a fruit juice of heading 2009. |
| Proposed for modification: NY N258785 (2014) and NY N188787 (2011) |
| Proposed for revocation: NY N171621 (2011), NY 816865 (1995), NY N128316 (2010) |
| Proposed new ruling: HQ H284220 |