Newly Released CBP HQ Rulings May 1
The Customs Rulings Online Search System (CROSS) was updated May 1 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):
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
H330077: Application for Further Review of Protest No. 1001-23-101246; [] 0F ; 19 U.S.C. § 1307; 19 U.S.C. § 1595a(c)(2)(A); Xinjiang Uyghur Autonomous Region Withhold Release Order; Merchandise Manufactured with Forced/Indentured labor
| Ruling: The merchandise is inadmissible in violation of 19 U.S.C. 1307. The importer, MUJI U.S.A., failed to provide satisfactory evidence that the goods detained were not manufactured with forced labor or, in the alternative, establish that their supply chain is not linked with the Xinjiang Uyghur Autonomous Region of China to demonstrate that their shipment is not subject to the withhold release order on cotton and tomatoes and their downstream products produced in Xinjiang. |
| Issue: whether the merchandise at issue is admissible under 19 U.S.C. 1307 |
| Items: [] pieces fabric combination pullovers were entered at the port of Newark and detained under suspicion that the merchandise was subject to the withhold release order on cotton and tomatoes and their downstream products produced in Xinjiang, including downstream products produced that incorporated these inputs. |
| Reason: Partially redacted CBP documents showed that one of the companies in the supply chain is linked with the Xinjiang Uyghur Autonomous Region. |
| Ruling Date: April 26, 2023 |
H323434: Application for Further Review of Protest No. 4601-20-122338; Classification of vertical and single shaft recycling shredder machines from China; Size reduction machines; granulator machine parts (rotors and screens); Hydraulic couplings
| Rulings: (1) The shredders are classified under subheading 8479.89.94, HTSUS (2019) as “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.” The rotors and screens are classified under subheading 8479.90.94, HTSUS (2019) as “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other.” The subject hydraulic-fluid couplers, as entered separately and unattached to a motor, are classified under subheading 8483.40.10, HTSUS (2019) as “Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: Gears and gearing, other than toothed wheels, chain sprockets and other transmission elements entered separately; ball or roller screws; gear boxes and other speed changers, including torque converters: Torque converters.” (2) All parts are subject to Section 301 tariffs. |
| Issues: (1) What is the proper classification of the subject shredders, granulator rotors and screens, and hydraulic couplings? (2) Are the subject articles subject to additional duties per subheadings 9903.88.01 and 9903.88.03? |
| Items: Vertical and single shaft shredding machines, hydraulic couplings, and granulator machine parts identified as rotors and screens. The large vertical shredders are mostly recommended for applications processing pre-shredded metal scrap from twin shaft shredding systems. |
| Reason: No applicable Section 301 exclusion exists that describe the subject shredders, rotors, screens, or hydraulic fluid couplings. |
| Ruling Date: Feb. 28, 2023 |