Newly Released CBP HQ Rulings on Nov. 29
The Customs Rulings Online Search System (CROSS) was updated Nov. 29 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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H327171: Importation of Materials for the World University Games; Subheading 9817.60.00, HTSUS
| Ruling: The merchandise identified in this request qualifies for duty-free treatment under subheading 9817.60.00. |
| Issue: Whether items imported for use during the World University Games in Lake Placid, are eligible for duty-free treatment under subheading 9817.60.00. |
| Items: sweaters, jackets, hats, sports bags, globes, and blankets |
| Reason: 9817.60.00 allows duty-free treatment of the "personal effects of participants in, officials of, and accredited members of delegations to, international athletic events, including the paralympics, held in the U.S. provided that these items are not intended for sale or distribution..." Here, the imported merchandise will not be available to the general public. Events comparable to the Games have previously been designated as “similar international athletic event[s]” for purposes of subheading 9817.60.00 |
| Ruling Date: Nov. 22, 2022 |
H325450: Country of Origin; Stud Finders; Section 301 Measures
| Ruling: The country of origin of the StudSensor HD 55 for purposes of the Section 301 measures in China. |
| Issue: What is the country of origin of the stud sensors for purposes of the Section 301 measures? |
| Item: an electronic stud finder that will be imported from Mexico |
| Reason: The surface mounting of various components onto the PCBA, the last of which occurs in China, results in a substantial transformation. |
| Ruling Date: Nov. 17, 2022 |
H326813: Consulting Fees; Buying Commissions; Transaction Value
| Ruling: The consulting fees are bona fide buying commissions that will not be included in the transaction value of the imported merchandise. |
| Issue: whether the consulting fees are buying commissions that should be excluded from the transaction value of the imported merchandise |
| Item: N/A |
| Reason: Based on the responsibilities of Triburg as outlined in the written consultancy agreement, we agree that it will perform services that are very similar to those performed by the buying agent and the consultancy agreement shows a degree of control over Triburg’s conduct that is consistent with the existence of a bona fide buying agency. |
| Ruling Date: Nov. 16, 2022 |