July 5 CBP Bulletin Proposes to Revoke Ruling on Over Current Detectors

July 10, 2012 by Tim Warren|Customs

In the July 5, 2012 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 28), CBP published a notice that proposes to revoke a ruling and similar treatment regarding the tariff classification of over current detectors.

Comments on Proposed Revocations Due Aug. 6

CBP said that before taking this action, consideration will be given to any written comments received by Aug. 6. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, 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.)

Proposed Revocations

CBP is proposing to revoke 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.

Over Current Detectors

Item: Over Current Detectors. These are designed to be mounted on a printed circuit board similar to a resistor, capacitor or integrated circuit and are assembled into a particular product. Applications for this merchandise include MRI machines, treadmills, motor controllers, inverters and power supplies and various types of electrical conversion. The device detects a specific current level in an electrical conductor routed through the detector’s aperture. When a current equal to or greater than the detector’s trip level is detected in the conductor, the output of the detector goes from a high state to a low state. The signal is typically used to momentarily shut down power transistors to constrain electrical current levels in the circuit.

Current: 8548.90.01, Free (“Electronic integrated circuits and microassemblies; parts thereof: Other monolithic integrated circuits: Other, including mixed signals (analog/digital): Other.”.)

Proposed: 8543.70.40, 2.6% (Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft.)

Reason: CBP previously ruled the over current detectors were monolithic integrated circuits. While CBP acknowledges that the merchandise contains a monolithic integrated circuit, the entire package can't be classified as one, because it contains a magnetic core - a component that is not an inseparably associated circuit element, as required. CBP said the detectors are better classified as transducers, a classification previously found by CBP to include devices which convert variations in one energy form into corresponding variations in another, usually electrical form.

Proposed for revocation: NY H80199 (2001)

Proposed new ruling: HQ H122802