Newly Released CBP HQ Rulings for May 13
The Customs Rulings Online Search System (CROSS) was updated May 12 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
H318182: Application for Further Review; 19 U.S.C. § 1307; Denial of Protest No. 270421154598; Uniqlo Co., Ltd.; Entry 231-2840311-6; Xinjiang Production and Construction Corps; XPCC; Withhold Release Order; WRO; Forced Labor
| Ruling: The subject goods are inadmissible. |
| Issue: Whether apparel detained by CBP under a withhold release order on all cotton and cotton products produced by the Xinjiang Production and Construction Corps should be released. |
| Reason: Although the importer has provided evidence relating to the sale, acquisition, source location, transportation, and delivery of the raw cotton used to produce the subject cotton garments, it has not provided any probative evidence to establish that their imported cotton garments were not produced in part by forced labor by the XPCC. |
| Ruling Date: May 10, 2021 |
H315201: Tariff classification of the “Anova Precision Oven”
| HTS: 8516.60.40, free, “Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof: Other ovens; cooking stoves, ranges, cooking plates, boiling rings, grillers and roasters: Cooking stoves, ranges and ovens.” Secondary classification: 9903.88.03, 25%. |
| Item: A tabletop cooking apparatus for home use that resembles a microwave oven, but with a water reservoir on the side. The Precision Oven cooks food using convection heat, with an optional “sous vide mode” that monitors humidity and automatically adjusts to maintain the desired relative humidity within the cooking chamber. The convection heat provides cooking temperatures between 77 degrees to 482 degrees when “sous vide mode” is not selected and a range of 77 degrees to 212 degrees when “sous vide mode” is activated. |
| Reason: Pursuant to Note 3 to Section XVI of the HTSUS, the convection heat elements perform the principal function of the Precision Oven. The appliance is used to cook food, and convection heat is the principal method by which the food is cooked. The “sous vide mode” can be toggled off or on and when used, is used in conjunction with the principal function of cooking with convection heat, whereas without the ability create convection heat, the Precision Oven would not be able to cook food. Thus, the “sous vide mode” is limited. The convection heat function, on the other hand, is used at all times. Anova’s website also markets the Precision Oven as an oven that provides improved results. |
| Ruling Date: April 30, 2021 |
H317583: Preferential Tariff Treatment of a Twin Screw Extruder under the Trade Agreement between the United States and Japan
| FTA: Qualifies for JPTA |
| Item: A specialized twin screw extruder with roller die head classifiable in subheading 8477.20.00, used in applications such as tire manufacturing, custom compounding, hose and belt, and industrial rubber goods. The twin screw extruder is comprised of the following 17 subassemblies manufactured in Japan primarily of components of Japanese origin. Five of the subassemblies are combined with components from non-originating countries, all classified in a subheading other than 8477.20. The final assembly and manufacturing operations of all subassemblies are completed in Japan. |
| Reason: The applicable rule of origin in Annex II of the JPTA for products classified under 8477.20.00, HTSUS, is “CTSH.” Paragraph 19 states that “CTSH” means “that all non-originating materials used in the production of the good have undergone a change in tariff classification at the 6-digit level.” Since the non-originating components are classified in a subheading other than 8477.20, HTSUS, the requirement under the rule is met. |
| Ruling Date: April 30, 2021 |
H311471: Protest and Application for Further Review No. 5301-19-101361; Tariff classification of a certain pea protein product
| HTS: 2308.00.98, 1.4%, “Vegetable materials and vegetable waste, vegetable residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: Other.” |
| Item: A pea protein for pet food applications and not for human consumption. The pea protein results as a side stream product from the production of pea starch. After the starch separation of the suspended pea flour, the resulting fruit water solids are coagulated, separated, and dried. |
| Reason: The term “residue” is defined as “something that remains after a part is taken, separated, or designated or after completion of a process: remnant; remainder.” The pea protein is not a residue within the meaning of heading 2303. The product is further advanced into a different product by coagulation and drying. |
| Ruling Date: March 11, 2021 |
H315818: Request for Internal Advice on Tariff Classification of Electronic Coin Selectors
| HTS: 9031.49.90, free, “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: Other: Other.” The general column one rate of duty is free. |
| Item: Two models of electronic coin selectors designed for coin-operated machines. One is specifically made to be used with United States quarters and uses a photo interrupter switch to sense the coins. The other senses multiple coin-types using a combined optical and inductive measuring system. The coin selectors are not designed to function specifically with any one particular machine and that they can be used with washers or dryers. After installation, the coin selectors can be deactivated such that the washer or dryer can function without the coin selector. |
| Reason: The instant coin selectors function similarly to the bill acceptor and coin selector previously classified under heading 9031, HTSUS. Like both instruments, the coin selectors at issue check and measure currency to determine its authenticity and value. The coin selectors cannot be classified as a part of a laundry-type washing machine in heading 8450 because they are not an integral component of a washing machine. The record indicates that the washing machines can still function when the instant coin selectors are attached but deactivated. Furthermore, the coin selectors are not dedicated solely for use with a particular article. |
| Ruling Date: Feb. 4, 2021 |
H310746: Application for Further Review of Protest No. 1703-20-103344; Classification of Automobile Bracket Lifts, Bracket Clamps, Bracket Cable Mountings, Backplate Assemblies, and Breather Assemblies
| HTS: Bracket lifts, bracket clamps and bracket cable mountings: 7326.90.86, 2.9%, "Other articles of iron or steel: Other: Other: Other." Backplate assemblies: 8483.90.50, 2.5%, "Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: Toothed wheels, chain sprockets and other transmission elements presented separately; parts: Parts of gearing, gear boxes and other speed changers." Breather assemblies: 8481.30.20, 5%, "Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: Check (nonreturn) valves: Of iron or steel." |
| Item: Bracket lifts made of stamped light-gauge steel that connect to the engine using screws and/or bolts and support part of an engine’s fuel system (mainly the fuel pump); bracket clamps made of stamped light-gauge steel which connect an external air cleaning system to an engine; and bracket cable mountings made of stamped light-gauge steel that connect throttle and engine control cables to the outside of an engine. Also, a backplate assembly made of stamped light-gauge steel with specific openings to allow for parts to protrude from the engine, where needed, while covering the lower portion of the engine, and a breather assembly made of light gauge steel with a rubberized plastic gasket in the center that allows the engine to appropriately vent crankcase pressure out of the engine. |
| Reason: For tariff classification purposes, engine parts are limited to the components that contribute to the internal combustion function. All other vehicle components which may operate in conjunction with an engine, such as (but not limited to) the sparkplugs, transmission, fuel system and brake system are separate and distinct commercial entities for classification purposes. The bracket lifts, bracket clamps, and bracket cable mountings are not integral, constituent parts of an engine and an engine does not need them to hold and ignite fuel. The backplate assemblies cover the gears, providing for the gears’ safe and efficient operation. They are directly integral to the function of the gearing inasmuch as they are designed to cover, house, or hold engine gearing and their function renders them part of the gearing, and are classified as a part of a part, specifically part of a gear, rather than a part of the engine as a whole. The breather assemblies are valves that remain in heading 8481 even if specialized for use on a particular machine or apparatus. |
| Ruling Date: Feb. 3, 2021 |