Newly Released CBP HQ Rulings on Jan. 3
The Customs Rulings Online Search System (CROSS) was updated Jan. 3 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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H327590: Coastwise Transportation; Outer Continental Shelf; Wind Turbines; Vessel Crew; Project Installation Crew; 46 U.S.C. § 55102; 46 U.S.C. § 55103; 19 CFR §§ 4.50(b), 4.80a, and 4.80b; 43 U.S.C. § 1333
| Ruling: (1) The transportation of the subject wind turbine generator components onboard the coastwise-qualified Barge and towed by the coastwise-qualified Tug from a U.S. port to the Jack Up Vessel attached to the seabed of the outer continental shelf would not be in violation of 46 U.S.C. § 55102 (2) The installation of the wind turbine generator units would not be in violation of 46 U.S.C. § 55102. (3) The transportation of the installation tools and materials would not be in violation of 46 U.S.C. § 55102 (4) The transportation of the offshore installation vessel crew and project installation crew would not be in violation of 46 U.S.C. § 55103. |
| Issues: (1) Whether the transportation of the wind turbine generator components by a coastwise-qualified tugboat and barge from a U.S. port to an anchored, non-coastwise-qualified offshore installation vessel located on the U.S outer continental shelf violates the Jones Act, 46 U.S.C. § 55102? (2) Whether the installation of the subject wind turbine generators by the non-coastwise-qualified offshore installation vessel on the outer continental shelf violates the Jones Act, 46 U.S.C. § 55102? (3) Whether transportation of certain tools and material between coastwise points by the non-coastwise-qualified offshore installation vessel violates the Jones Act, 46 U.S.C. § 55102? (4) Whether transportation of the offshore installation vessel crew and project installation crew by a non-coastwise qualified offshore installation vessel violates the Passenger Vessel Services Act, 46 U.S.C. § 55013. |
| Item: offshore wind turbine generator |
| Reason: (1) The transportation between coastwise points would be effected by coastwise-qualified vessels. (2) Installation activity is not a coastwise trade and the foreign-flagged Jack Up vessel would remain completely stationary or only make incidental movements subordinate to and a direct consequence of any lifting operations during the installation process. (3) Installation tools and materials are not merchandise in this context. (4) Offshore installation vessel crew, in this context, are not “passengers.” |
| Ruling Date: Dec. 16, 2022 |
H328569: Reconsideration of CBP Headquarters Ruling Letter HQ H325434; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1237; Certain Cloud-Connected Wood Pellet Grills and Components Thereof
| Ruling: GMG Products has established that the cloud control variant grill system does not infringe claim 1 of the ’720 patent or the articles at issue are not subject to the exclusion order under the doctrine of equivalents. HQ H325434 is affirmed. |
| Issue: Whether CBP HQ Ruling H325434 contradicted any International Trade Commission findings in determining that the cloud control variant grill system is not infringing and therefore not subject to the exclusion order. Whether the articles at issue are subject to the exclusion order under the doctrine of equivalents, as applied by CBP. |
| Items: Two cloud-connected wood-pellet grill modification variants: a cloud control variant, which was fully implemented and operational since March 24, 2022; and a local control variant, which is not implemented presently but could be implemented immediately. |
| Reason: With GMG’s modifications to the cloud control variant grill system that are at issue, it has established a prima facia case that extending the doctrine of equivalents in this matter, where the claimed “generation” is lacking, could result in vitiation. |
| Ruling Date: Nov. 28, 2022 |
H307772: Suspension of liquidation; deemed liquidation; A-570-914; C-570-915; light-walled rectangular pipe and tube from the People's Republic of China
| Ruling: Liquidation was suspended by statute and the entries were subsequently timely liquidated before deemed liquidation occurred. Lexon’s protest should be denied. |
| Issue: Whether the entries deemed liquidated one year from the date of entry. |
| Item: five entries of merchandise of hot dipped, galvanized steel, rectangular tube from China |
| Reason: Each of the five entries was liquidated in advance of the six-month deadline for liquidation. |
| Ruling Date: Oct. 31, 2022 |