April 8 CBP Bulletin Proposes to Modify, Revoke Rulings on Patient Lifts, Umbrellas
In the April 8 issue of the CBP Customs Bulletin (Vol. 49, No. 14) (here), CBP published notices that propose to modify or revoke rulings and similar treatment for the tariff classification of patient lifts and umbrellas.
Comments on Proposals Due May 8
CBP said consideration will be given to any written comments received by May 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.)
Proposals
CBP is proposing to modify or 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.
Patient Lift Systems
| Item: Liko Patient Lift Systems |
| Current: 9402.90.00, 5.3%, (Medical, surgical, dental or veterinary furniture (for example, operating tables, examination tables, hospital beds with mechanical fittings, dentists’ chairs); ... : Other.) |
| Proposed: 8428.90.02, Free, (Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery.) |
| Reason: The lifts are comprised of moveable metal structures that stand on the floor. A fabric sling hangs down from the arm of the structure by ropes. The sling is designed such that a patient may be seated in it, and be transferred to and from a bed or a bath. Because the lifts are not “furniture,” they are not properly classified under heading 9402, said CBP. |
| Proposed for modification: NY D83377 (1998), NY C81648 (1997), NY 887708 (1997), NY 871935 (1992), NY 868691 (1991), NY 865148 (1991) |
| Proposed new ruling: HQ H235507 |
Two-Piece Umbrellas
| Item: Portable umbrellas. |
| Current: 6601.91.0000, Free, (Umbrellas ... Other ... :Having a telescopic shaft.) |
| Proposed: 6601.10.00, 6.5%, (Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas): Garden or similar umbrellas.) |
| Reason: Contrary to the previous rulings, the umbrellas in question have central non-telescoping poles, said CBP. |
| Proposed for revocation: NY N242418 (2013), NY N242443 (2013) |
| Proposed new ruling: HQ H248132 |