Newly Released CBP HQ Rulings on Jan. 26
The Customs Rulings Online Search System (CROSS) was updated Jan. 26 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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H327732: Country of Origin; Cyclopure Dexsorb Absorbent; Section 301 trade remedy
| Ruling: The country of origin of the Dexorb for purposes of Section 301 measures is Germany and Section 301 measures will not apply. |
| Issue: What is the origin of the Dexsorb for purposes of Section 301 trade remedies? |
| Item: Dexsorb is a polymer absorbent used for removal of per- and polyfluoroalkyl substances and organic micropollutants from water. It is comprised of beta-cyclodextrins, rigid crosslinking monomers called tetrafluoroterephthalonitrile, and choline chloride. Apart from crosslinking elements, the beta-cyclodextrins make up the entirety of Dexsorb. The beta-cyclodextrins are carbohydrates derived from cornstarch used as odor agents, finishing agents, paint and coating additives, and solids separation agents. Each beta-cyclodextrin consists of seven glucose molecules linked together in a ring. |
| Reason: The German-origin beta-cyclodextrins and the Dexsorb have the same chemical composition. The essence of beta-cyclodextrin, which is the hydrophobic cone shaped cavity that enables adsorption, remains intact after additional operations in China. The use of the Dexsorb as chromatographic media is already present in the beta-cyclodextrins. The use of the Dexsorb as chromatographic media is predetermined by the properties of the beta-cyclodextrin. When the end use is predetermined, the courts have found that the use criterion does not constitute a substantial transformation. |
| Ruling Date: Jan. 19 |
H323925: Country of origin of certain pillows; Section 301 Measures
| Ruling: The country of origin of the pillows at issue is China and the pillows are subject to Section 301 measures. |
| Issue: What is the country of origin of the pillows and are the pillows subject to Section 301 measures? |
| Items: Certain pillows, which are produced in Mexico, in a manufacturing process that produces a pillow bun that is stuffed into a pillow tick, also called a pillow shell. The pillow bun is produced using a Poly Stable Fiber manufactured in Mexico, which is further refined in a series of operations to produce what is called “Fluffy Fiber Pillow Bun.” The pillow bun is stuffed into the pillow shell, which is then sewn closed to form the outside of the pillow. Some of the pillow shells are manufactured in China from fabrics of Chinese origin. Other pillow shells are manufactured in Mexico from fabrics of Chinese origin. All pillow shells are filled with pillow buns in Mexico. |
| Reason: Since the merchandise at issue are pillows with a textile outer shell, they are considered textile products, and the country of origin of the subject merchandise shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. For goods classified in subheading 9404.90.20, the country of origin is the country in which the fabric comprising the good was formed by a fabric-making process. The fabric-making process in which the fabric for the pillow was formed occurred in China. |
| Ruling Date: Nov. 21, 2022 |
H314740: Application for Further Review of Protest No. 2304-18-100073; Classification of timing chain guide
| Ruling: The timing chain is classified under subheading 8409.91.50, which provides for “Parts suitable for use solely or principally with the engines of heading 8407 or 8408: Other: Suitable for use solely or principally with spark-ignition internal combustion piston engines (including rotary engines): Other: Other.” |
| Issue: Is a timing chain guide classified as a part of an engine under heading 8409, or as a part of a motor vehicle under heading 8708? |
| Item: Various models of timing chain guides, used in automobile engines. The timing chain guide controls the path of the chain between the crankshaft and the camshafts within an engine. It ensures proper function of the timing chain, which in turn provides transmission of rotary power from the crankshaft to the camshafts, allowing the pistons to move in concert with the exhaust side valve and air intake valve. |
| Reason: Note 2(e) to Section XVII states that “parts” and “parts and accessories” do not apply to the following articles, whether or not they are identifiable for the goods of this section: Machines or apparatus of headings 8401 to 8479, or parts thereof, other than the radiators for the articles of this section. Therefore, classification consideration must first determine whether it is classified under heading 8409 as a part of an engine. The timing chain guide is an integral, constituent part of an engine of heading 8407. If the timing chain does not function properly, power cannot be transferred to the camshafts in the precise ratio that is required. Without the timing chain guide, the timing chain cannot function, and the engine cannot properly ignite the fuel mixture inside the cylinder. Therefore, the timing chain guide is a part of an engine of heading 8407. |
| Ruling Date: April 15, 2022 |