Newly Released CBP HQ Rulings on Dec. 19
The Customs Rulings Online Search System (CROSS) was updated Dec. 19 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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H320777: Request for reconsideration of NY N311593; tariff classification of non-powder gun propellant CO2 cartridges
| Ruling: The CO2 cartridges are properly classified in subheading 2811.21.00 as “Other inorganic acids and other inorganic oxygen compounds of nonmetals: Other inorganic oxygen compounds of nonmetals: Carbon dioxide.” NY N311593 is affirmed. |
| Issue: Whether the subject CO2 cartridges are classified under subheading 2811.21.00 as “Other inorganic acids and other inorganic oxygen compounds of nonmetals: Other inorganic oxygen compounds of nonmetals: Carbon dioxide,” or under subheading 9305.99.50 as “Parts and accessories of articles of headings 9301 to 9304..." |
| Item: Non-refillable, pressurized metal cylinders containing carbon dioxide. The cylinders are specifically shaped to fit inside air guns. The cylinders consist of a main body and a neck containing a cap and seal. When the cylinder is placed into an air gun, the seal is punctured to release the carbon dioxide. The released carbon dioxide then propels BBs or pellets. Your submitted photograph indicates that each cartridge is 12 grams, packaged in quantities of 25 pieces and labeled “Crosman Powerlet CO2 Cartridges.” |
| Reason: The subject CO2 cartridges do not meet the Pompeo test as they are not “dedicated solely for use” in air guns. There is no record evidence that meeting the “exacting standards” for air gun propellant as prescribed in a technical specification by the American Society for Testing and Materials necessarily excludes other applications. |
| Ruling Date: Dec. 16, 2022 |
H317391: Internal Advice Request; Tariff Classification and Section 301 Exclusion Eligibility of Certain Vacuums
| Ruling: (1) The traditional dry vacuum cleaners are classified in subheading 8508.11.00, which provides for, “Vacuum cleaners; parts thereof: With self-contained electric motor: Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20…” all subject vacuum cleaner products fall under the scope of the Section 301 exclusion. |
| (2) The carpet cleaners are classified in subheading 8509.80.50, HTSUS, which provides for, “Electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof: Other appliances: Other…” None of the carpet cleaners fall under the scope of the Section 301 exclusions. |
| Issue: Whether the subject vacuum products are classified as vacuum cleaners of heading 8508 or as carpet cleaners of heading 8509 and whether they are eligible for duty-free treatment under secondary subheading 9903.88.35? |
| Items: (1) Bagless, upright vacuum cleaners capable of operating in dry mode, have a self-contained electric motor of power not exceeding 1,500 W, and have a dust receptacle capacity not over 4 liters. These vacuum cleaners suction up dust and debris that is deposited into a receptacle while also filtering the air stream that is suctioned up to cool the motor of the product. Some models are specifically for hardwood floors, while others can be used on area rugs and carpeted floors. All subject products are for domestic use only. (2) Bagless, upright, carpet cleaners that are 100% wet functional products that have a self-contained electric motor of power not exceeding 1,500 W and have a tank capacity not over 4 liters. These carpet cleaners include two tanks: one for clean water and cleaning solution, while the other is to deposit the dirty water. The carpet cleaners are designed to be used primarily on carpeted floors by injecting a cleaning solution and water into the carpet and then suctioning up the used cleaning solution and dirty water from the carpet. All subject products are for domestic use only. |
| Reason: N/A |
| Ruling Date: Oct. 13, 2022 |
H325770: Application for Further Review of Protest No. 5309-22-100549; Classification of Steel Umbilical Tubing and Applicability of Exclusions from Section 232 Duties
| Ruling: Although the subject steel umbilical tubing with an outside diameter of 11.93 mm is properly classified in subheading 7304.41.30, it is not excluded from Section 232 duties. The subject steel umbilical tubing with an outside diameter of 21.95 mm, classified in subheading 7304.41.60, HTSUS, is not excluded from Section 232 duties. |
| Issue: Is the steel umbilical tubing properly excluded from Section 232 duties? |
| Item: Two types of steel umbilical tubing. (1) Seamless superduplex stainless steel coiled tubing, cold rolled, having an external diameter of less than 19mm and (2) seamless superduplex stainless steel coiled tubing, cold rolled, having an external diameter of over than 19mm. |
| Reason: The classification of the merchandise is not in dispute. In cases involving steel products that are classifiable in heading 7304, the importer is required to submit a mill analysis or mill test certificate. CBP compared the specifications of the subject merchandise and found that the actual outside diameter of the products-at-issue do not fall within the submitted range of specifications and found discrepancies in the outside diameters. |
| Ruling Date: Oct. 11, 2022 |