June 25 CBP Bulletin Proposes to Revoke Rulings on Dimmers, Men's Footwear
In the June 25 Customs Bulletin (Vol. 59, No. 26), CBP published proposals to revoke ruling letters concerning the tariff classification of certain dimmers and certain styles of men's footwear.
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Comments on Proposal Due July 25
CBP said consideration will be given to any written comments received by July 25 before taking these actions. In addition, any party that 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 after the effective date of the final decision in this notice.)
Proposal
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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Dimmers
| Items: N250956: the “Wireless Adaptive Phase Dimmer,” model C4-APD120; and N250985: the “Control4 120V Wireless Dimmer,” model C4-DIM1-Z |
| Current: 8526.92.50, which provides for “Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus: Other.” |
| Proposed: 8537.10.91, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: For a voltage not exceeding 1,000 V: Other.” |
| Reason: Given the company's clarification and CBP's review of the product samples, diagrams and the company's submission, CBP found that the subject merchandise is not a “radio remote control apparatus” of heading 8526. While the dimmers may receive radio signals, the control of the lighting circuit is achieved through electrical connections, not radio frequency. |
| Proposed for revocation: NY N250956, dated March 12, 2014; NY N250985, dated March 17, 2014 |
| Proposed new ruling: HQ H257143 |
Some Styles of Men's Footwear
| Items: Styles M Pro Winter Reboot and M Summit Winter Reboot, which are closed-toe/closed-heeled men’s winter boots |
| Current: 6402.91.50, which provides for “[o]ther footwear with outer soles and uppers of rubber or plastics: Other footwear: Covering the ankle: Other: Other: Footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather.” |
| Proposed: 6402.19.90, which provides for “[o]ther footwear with outer soles and uppers of rubber or plastics: Sports footwear: Other: Other: Valued over $12/pair.” |
| Reason: Both styles of boots are specially designed for a sporting activity. In particular, the boots are made for mountaineering and/or ice climbing. They are also marketed for outdoor pursuits, including glacier, arctic, and snowshoe expeditions. Moreover, both boots are not meant to be worn as an everyday wear or typical hiking boot. Furthermore, both styles of boots have a “provision for the attachment of spikes, sprigs, cleats, stops, clips, bars or the like” in the form of a specially designed indentation at the heel of the boots to support crampon attachment. |
| Proposed for revocation: NY N336132, dated Nov. 22, 2023 |
| Proposed new ruling: HQ H338307 |