Aug. 16 CBP Bulletin Proposes to Revoke Rulings on Vacuum Trucks
In the Aug. 16 Customs Bulletin (Vol. 51, No. 33), CBP published notices that propose to revoke or modify rulings and similar treatment for vacuum trucks designed for liquid waste removal.
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Comments on Proposals Due Sept. 15
CBP said consideration will be given to any written comments received by Sept. 15 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.
Vacuum Trucks
| Item: Truck-mounted, heavy-duty industrial vacuum loaders designed to pneumatically convey solids, liquids, sludge or slurry through suction lines. |
| Current: 8704.23.0000, 25%, “Motor vehicles for the transport of goods: Other, with compression-ignition internal combustion piston engine (diesel or semi-diesel): G.V.W. exceeding 20 metric tons.” |
| Proposed: 8705.90.00, Free, “Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, wreckers, mobile cranes, fire fighting vehicles, concrete mixers, road sweepers, spraying vehicles, mobile workshops, mobile radiological units): Other.” |
| Reason: A re-examination "revealed additional information relating to the physical characteristics of the vacuum trucks, which render the vehicles suitable for special purposes beyond the transport of goods," CBP said. "Specifically, the vacuum trucks are equipped with a rotary pump that is designed to enable the vehicles to collect both solid and liquid waste from the ground and industrial waste holding containers. Additionally, due to the strong vacuum pressures generated by the rotary pump, the tanks of the vehicles are constructed and reinforced with thicker, heavier steel than the tanks used on common tankers. The tanks also feature internal baffles that are designed to facilitate the separation of solid waste material from liquid waste. These design characteristics contribute to the special construction of the vacuum trucks, which enable the vehicle to perform the nontransport function of waste collection and clean-up." |
| Proposed for revocation: HQ H235508 (2014), NY N268924 (2015), and HQ 958847 (1996) |
| Proposed new ruling: HQ H287200 |