Newly Released CBP HQ Rulings Dec. 14-15
The Customs Rulings Online Search System (CROSS) was updated Dec. 14-15 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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H325119: Ruling Request; U.S. International Trade Commission; General Exclusion Order; Investigation No. 337-TA-1194; Certain High-Density Fiber Optic Equipment and Components Thereof
| Ruling: H+S has met its burden to establish that the IANOS Lite Chassis, the SYLFA HD 3U Chassis, the SYLFA HD Transition Module, the LISA Fiber Chassis, and the LISA Fiber Cassette do not infringe any of claims 1 or 3 of the ’320 patent; claims 11, 12, 14-16, 19, 21, 27, or 28 of the ’456 patent; claims 9, 16, 23, or 26 of the ’153 patent; or claims 22 or 23 of the ’206 patent. H+S has also met its burden to establish that the item at issue does not infringe any of the patent claims mentioned above. Accordingly, the articles at issue are not subject to the GEO issued as result of Investigation No. 337-TA-1194. |
| Issue: Whether H+S has met its burden to show that the articles at issue do not infringe the ’320, ’153, ’456, or ’206 patents, and thus are not subject to the general exclusion order issued in the 1194 investigation. See Ruling Request at 1. |
| Item: The IANOS Lite Standard Chassis (model no. IANOS-LITE-STANDARD-t4) and the [[ ]] (referred to below as “the redesigned module”, (b) the SYLFA HD 3U Chassis (model no. SY-HD Chassis 3U) and the SYLFA HD Transition Module (part no. STS-12-LCAD-02-12CF-SM-NS-00WW); and, (c) the LISA Fiber Chassis (model no. LISA-Fiber-Chassis-L-1U-GY) and the LISA Fiber Cassette (model no. LC-L-MH-88-18-36-53-M1-04O-ML). |
| Reason: To begin, Corning indicated -- and confirmed during the oral discussion in this inter partes proceeding -- that it “does not oppose Huber+Suhner’s request for a ruling that it may import ... the IANOS Lite Chassis, the SYLFA HD 3U Chassis, the SYLFA HD Transition Module, the LISA Fiber Chassis, and the LISA Fiber Cassette.” Given the absence of an infringement contention by Corning that these articles are covered by the patents at issue, H+S has established that these specific products are not subject to exclusion from entry on the basis of the 1194 GEO. |
| Ruling Date: Nov. 30, 2023 |
H328583: Commercial Invoice; Computer Generated Invoice; 19 C.F.R § 141.81; 19 C.F.R § 141.83; 19 C.F.R § 141.86-141.89
| Ruling: Provided the subject commercial invoice contains all the required information, computer generating the invoice through EDI transfers will result in a commercial invoice which satisfies the requirements of 19 C.F.R. §141.81. |
| Issue: Whether the invoice resulting from the proposed commercial invoice generation process satisfies the requirements of 19 C.F.R. § 141.81 and is acceptable for entry submission. |
| Item: Mohawk requested CBP to determine whether a commercial invoice generated from elements provided by an EDI transmission will satisfy the requirements of 19 C.F.R. § 141.81 and is acceptable for entry submission. |
| Reason: Mohawk’s request specifically notes that the invoice will not be signed. However, there is no requirement in this provision for a signature on the invoice. A signature is only required for a pro forma invoice. See 19 C.F.R. § 141.85. Therefore, provided this computer-generated invoice is filed correctly at the time of entry, with all the information required by 19 C.F.R. §§ 141.86-141.89, for which there are already boxes on the sample invoice, then this invoice would satisfy the requirements of these sections, in addition to 19 C.F.R. § 141.83(c)(1). |
| Ruling Date: Dec. 14, 2023 |
H331515: Country of origin of a refrigerator shelf light
| Ruling: Based on the information provided, the country of origin of the refrigerator shelf light is Mexico. Accordingly, Section 301 measures will not apply. |
| Issue: What is the country of origin of the shelf light imported from Mexico for purposes of the application of the Section 301 trade remedy duties? |
| Item: The shelf light is produced by EMZ in Mexico. SSW purchases the shelf light from EMZ and imports it into the U.S., where it is mounted to glass or metal shelves and assembled into a shelf assembly designed for installation into sub-zero refrigerators. The shelf light comprises the following components: a light emitting diode (LED) strip, bridge rectifier, printed circuit board, and aluminum extrusion from China; stamped contacts and lens profile from Germany; sealant and solder paste from the United States; and, end-caps, wire harness, wire, and fixation pins from Mexico. The production process in Mexico comprises of the following seven steps, each involving either complex machinery or manual labor, and forms various subassemblies before the end-product is created. |
| Reason: Based on the information submitted, the processing operations in Mexico that result in a PCBA involving the use of SMT and the assembly with the LED strips are analogous to the operations that resulted in a finding of substantial transformation in H304910. As in H304910, the processing here includes soldering components such as bridge rectifiers to the PCB, creating the PCBA which enables the functionality of this key component. Moreover, as in H304910, the LEDs are integrated into the final product in Mexico. |
| Ruling Date: Dec. 6, 2023 |