Jan. 9 CBP Bulletin Proposes to Revoke Rulings on Docking Stations for MP3 Players

January 14, 2013 by Tim Warren|Customs

In the Jan. 9 issue of the CBP Bulletin (Vol. 47, No. 3), CBP published a notice proposing to revoke rulings and similar treatment regarding the tariff classification of docking stations with built-in radios for MP3 players.

Comments on Proposed Revocations Due Feb. 8

CBP said consideration will be given to any written comments received by Feb. 8 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 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 or modify any treatment it has previously accorded to substantially identical transactions.

MP3 Player Docking Stations with Built-in Radio

Item: MP3 player docking stations with built-in radios. The docking stations allow the user to play music from an iPod or other MP3 player. The music, which is stored on the MP3 player, is transmitted to the speakers for broadcasting.

Current: 8527.91.60, Free, (Reception apparatus for radiotelephony, radiotelegraphy or radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other radio broadcast receivers, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Combined with sound recording or reproducing apparatus: Other: Other: Other.)

Proposed: For docking stations that are capable of operating without an external source of power (NY R02550, NY M84663, NY M86676, and NY R04615): Either 8527.19.10, Free, (Reception apparatus for radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radio broadcast receivers capable of operating without an external source of power: Other: Valued not over $40 each, incorporating a clock or clock-timer, not in combination with any other article, and not designed for motor vehicle installation.) or 8527.19.50, 3%, ((Reception apparatus for radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radio broadcast receivers capable of operating without an external source of power: Other: Other.)

For docking stations incapable of operating without an external source of power and include a clock (NY R03835, NY N010738, NY N015651, NY N024500, NY N047842, NY N092825, NY N092831, NY N092834, NY N021097, and NY N007861): Either 8527.92.10, Free, (Reception apparatus for radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other: Not combined with sound recording or reproducing apparatus but combined with a clock: Valued not over $40 each.) or 8527.92.50, 3%, (Reception apparatus for radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other: Not combined with sound recording or reproducing apparatus but combined with a clock: Other.)

Reason: CBP said its previous rulings are incorrect because the subject docking stations with radios do not contain sound recording or reproducing apparatus. As a result, models of the subject merchandise that are capable of operating without an external source of power, are classified in one of two subheadings based on whether they are valued not over $40, incorporate a clock or auto-timer, are not in combination with any other articles, and are not designed for motor vehicle installation.

Proposed for revocation: NY R02550 (2005), NY R03835 (2006), NY M84663 (2006), NY N010738 (2007), NY N015651 (2007), NY N024500 (2008), NY N047842 (2009), NY N092825 (2010), NY N092831 (2010), NY N092834 (2010), NY N021097 (2008), NY M86676 (2006), NY R04615 (2006), and NY N007861 (2007)

Proposed new ruling: HQ H216719