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CBP Rulings on Current Detectors, Thermal Oxidizers, Tree Supports

Friday, November 18, 2011
Sandler, Travis & Rosenberg Trade Report

In the Nov. 16, 2011, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify the following classification rulings. Comments are due by Dec. 16.

Product: Over current detectors.
Proposed action: Revocation of NY H80199.
Current classification: HTSUS 8542.30.0090, other monolithic integrated circuits.
Proposed classification: HTSUS 8543.70.40, electric synchros and transducers.
Explanation: The OCDs cannot be classified as monolithic integrated circuits in HTSUS 8542 because they contain a magnetic core, a component that is not an inseparably associated circuit element as required by Note 8(b)(1) to Chapter 85. Instead, because the OCDs measure changes in the magnetic field and changes them to electric signals to protect against over currents in power conversion equipment, they meet the terms of heading 8543.

Product: Thermal oxidizers, which treat waste gases to destroy pollutants known as volatile organic compounds.
Proposed action: Revocation of NY K88616 and modification of NY J84466.
Current classification: HTSUS 8417.80.00, other industrial or laboratory furnaces and ovens, including incinerators (3.9% duty).
Proposed classification: HTSUS 8421.39.80, other filtering or purifying machinery and apparatus for gases (duty-free).
Explanation: The oxidizers can be classified under both subheadings but because their dual functions of heating and purification are so tightly linked CBP cannot identify one principal function. By virtue of General Rule of Interpretation 3(c), the oxidizers are classified under the heading that occurs last in numerical order.

Product: EZ Tree Bar, used to hold trees in place while they grow.
Proposed action: Modification of NY N132377.
Current determination: Item is eligible for entry under HTSUS 9817.00.50, which provides for duty-free entry of machinery, equipment and implements to be used for agricultural or horticultural purposes.
Proposed determination: U.S. Note 2(ij) in HTSUS Chapter 98 Subchapter XVII states that HTSUS 9817.00.50 does not apply to articles classified in Chapter 73, with certain exceptions. The item at issue is classifiable under HTSUS 7326.00.50, which is not among the subheadings excepted.

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