Newly Released CBP HQ Rulings for Feb. 25
The Customs Rulings Online Search System (CROSS) was updated Feb. 25 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):
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H323308: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1200; Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remotes Controllers, and Components Thereof
| Ruling: The articles at issue are not subject to the LEO issued as result of Investigation No. 337-TA-1200. |
| Issue: Whether Roku's design-around algorithm infringes on the ’196 patent is in violation of limited exclusion order set by USITC Investigation No. 337-TA-1200 |
| Items: Certain Roku “Stick” and “Box” streaming players.Roku Express; Roku LE; Roku Express 4K; Roku Express 4K+; Roku Ultra; Roku Ultra LT; Roku Streaming Stick 4K; Roku Streaming Sick 4K+; and Roku Streaming Stick + Headphone Edition. |
| Reason: Roku has met its burden to establish that the redesigned Roku Sticks and the Roku Boxes do not infringe any of claims 1, 3, 11, or 11-15 of the ’196 patent. |
| Ruling Date: Feb. 8, 2022 |
H315458: Protest and Application for Further Review No 1101-19-100212; Classification of the Cleveron Packrobot & Locker Combo
| Ruling: The Packrobot is classified in subheading 8479.89.94, which covers “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other.” |
| Issue: Whether the subject Packrobot is properly classified in heading 8428, as other lifting, handling, loading or unloading machinery, in heading 8476, as an automatic goods-vending machine, or in heading 8479, as a machine having an individual function |
| Items: A robotic last-mile parcel pickup solution with an adjustable storage system for maximum use of space. It is a robotic tower where you pick up your online-ordered items. Customers can order online and pick up goods quickly, skipping queues or home delivery. |
| Reason: To the extent that the 3D lift system incorporated into the Packrobot would itself fall under the scope of heading 8428, HTSUS, its contribution to the overall product by helping it more effectively use the storage space is secondary. The Packrobot does not load or unload packages, rather a worker loads packages into the Packrobot and the customer unloads the package from the tray. The lifting or handling of packages is subsidiary to the principal function of the Packrobot, which is to store packages for retrieval triggered by an automated process. This function is not covered by heading 8428. |
| Ruling Date: Dec. 15, 2021 |