Newly Released CBP HQ Rulings Nov. 3
The Customs Rulings Online Search System (CROSS) was updated on Nov. 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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H341540: Tariff Classification of a Stretcher Blanket
| Ruling: By application of the General Rules of Interpretation 1 and 6, CBP finds that the stretcher blanket at issue is classified in heading 6301, Harmonized Tariff Schedule of the U.S., and specifically in subheading 6301.40.00, which provides for “Blankets and traveling rugs: Blankets (other than electric blankets) and traveling rugs, of synthetic fibers.” |
| Issue: What is the tariff classification of the stretcher blanket? |
| Item: Cypress Medical Products' gray disposable stretcher blanket, which is constructed of a single layer of 100% polyester non-woven fabric and used to keep patients covered and comfortable during transportation or treatment. |
| Reason: Based on the examination of the sample of the stretcher blanket, CBP has determined that the stretcher blanket has a visibly compressed border on the heat-sealed edge. Lastly, the stretcher blanket meets the fourth requirement of having no cut edges that have been prevented from unraveling by hot cutting or by other simple means. The stretcher blanket at issue is cut to size, the means of which was not to prevent unraveling. As a result, CBP finds that the stretcher blanket meets the definition of Note 7(c) to Section XI, HTSUS. Based on the documentation provided, the sample of the stretcher blanket, and the videos of the production process of the stretcher blanket, CBP finds that the stretcher blanket is “made up” within the meaning of Note 7(c) to Section XI, HTSUS, and meets the requirements of a blanket for classification in heading 6301. |
| Ruling Date: Sept. 5, 2025 |
H350263: Unassembled Disc Launcher Build Box; Country of Origin for Purposes of Trade Remedies
| Country of Origin: The countries of origin of the disc launcher will be Japan, the Republic of Korea, Taiwan or Vietnam (the country of origin of the motor) and China (the country of origin of the other components). |
| Issue: What is the country of origin of the disc launcher for purposes of additional trade remedy measures? |
| Item: CrunchLabs' unassembled Disc Launcher Build Box, an unassembled kit for children ages 8-12 comprised of all necessary components to assemble the toy. The motor will originate from Japan, the Republic of Korea, Taiwan, or Vietnam. The remaining components originate from China. The importer may source the flywheel from the same countries as the motor in the future. |
| Reason: The U.S. Court of International Trade in Cyber Power Sys. (USA) v. United States reiterated “its prior rejection of two potential alternatives to the substantial transformation test of name, character, or use: first, an ‘essence’-based approach that would look only to whether the essential or critical component of a product had been transformed; and second, an approach that would per se decide whether substantial transformation had occurred on a component-by-component basis.” Consistent with the CIT’s dicta, the importer’s proposed focus on the generic motor and the application of the “essence” or “critical component” test would undermine the focus on a change in name, character, or use. The addition of the motor does not change the name, character, or use of the unassembled disc launcher into something else other than a child’s toy. The generic motor is a general-purpose article that is added to the build box and does not define the disc launcher’s character or use as a toy. The motor, wood boards, battery pack, and batteries together represent approximately 73% of the total cost of the disc launcher and enable the flywheel to shoot plastic discs into the air. |
| Ruling Date: Oct. 3, 2025 |
H350927: USMCA Rule of Origin for Automotive Lamps
| Ruling: Based on the information provided, the following USMCA rules of origin may be applied to the automotive lamps: A change to subheadings 8512.10 through 8512.40 from any other heading; or a change to subheadings 8512.10 through 8512.40 from subheading 8512.90, whether or not there is also a change from any other heading, provided there is also a regional value content of not less than: 75% where the transaction value method is used; or 65% where the net cost method is used. |
| Issue: What is the USMCA rule of origin applicable to the automotive lamps? |
| Item: Hyundai Mobis Mexico's automotive lamps. such as headlamps, side lamps and tail lamps, that will be manufactured in Mexico. |
| Reason: GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. Based on the information provided, the goods are neither wholly obtained or produced nor produced exclusively from originating materials. CBP must therefore consider whether the merchandise qualifies as originating pursuant to GN 11(b)(iii). Because the product-specific rule is underscored and the merchandise is for use in a motor vehicle of chapter 87 (namely, a passenger vehicle or light truck), the provisions of subdivision (k) may apply. GN 11(k) provides special rules for automotive goods. GN 11(k)(ii)(E)(2) includes in the definition of an “automotive good” any “part, component or material listed in table A.1, A.2, B, C, D, or E of the automotive appendix, subject to any provisions that may be included in regulations issued by the Secretary of the Treasury." |
| Ruling Date: Oct. 9, 2025 |
H350673: Subheading 9813.00.50, HTSUS; 9801.00.10, HTSUS; Appraisement
| Ruling: The bottling, washing, and disgorging machine is eligible for preferential tariff treatment under Harmonized Tariff Schedule of the U.S. subheading 9813.00.50. It's eligible for duty-free treatment under subheading 9801.00.10, if reimported into the United States within three years and is not advanced in value or improved in condition while in Canada, provided the documentary requirements of 19 C.F.R. § 10.1 are satisfied. It may be appraised under the fallback method pursuant to 19 U.S.C. § 1401a(f) based on adjusting the original purchase price to reflect reasonable depreciation for the 7-year period it was used provided it is in accordance with generally accepted accounting principles. |
| Issue: Whether the bottling, washing, and disgorging machine at issue is eligible for duty-free treatment under subheading 9813.00.50; whether it's eligible for duty-free treatment under subheading 9801.00.10; and whether the proposed method of appraisement of the imported machine based on the fallback method with allowance for depreciation for the period it was used abroad is appropriate. |
| Item: A wine bottling, bottle washing and disgorging machine owned by non-resident importer Mosti Mondiale. The machine is transportable via truck on a flatbed trailer to locations where the machine will be used in the bottling process after wine has been made. The machine will be used in wineries in Canada and the United States several times a year as the need arises. As such, there will be multiple border crossings. |
| Reason: The bottling, washing, and disgorging machine at issue is professional equipment and tools of trade necessary for the nonresident to perform a specific task and thus falls within the scope of subheading 9813.00.50, provided the conditions in U.S. Note 1(a) and (b) of Subchapter XIII are met. CBP notes that it has consistently held that entry under subheading 9813.00.50 is personal to the nonresident, is nontransferable, and terminates when the nonresident ceases to use the imported merchandise. As for subheading 9801.00.10, the bottling, washing, and disgorging machine at issue will be used in wineries in Canada and the U.S. several times a year as need arises. Accordingly, there will be multiple border crossings between the U.S. and Canada. The machine at issue would be eligible for duty-free treatment under subheading 9801.00.10 if it's returned to the United States from Canada within three years and is not advanced in value or improved in condition while in Canada, provided the documentary requirements of 19 C.F.R. § 10.1 are satisfied. It is ultimately within the discretion of the center director whether he or she is reasonably satisfied that the evidence presented substantiates the importer’s claim that the goods are products of the U.S. As for using the fallback method, in prior rulings, such as HQ H288062 (dated Sept. 5, 2017), CBP has held that under the fallback method, the original purchase price of imported merchandise may be adjusted downward to reflect depreciation for the time period the merchandise was used abroad. |
| Ruling Date: Oct. 9, 2025 |
H354294: Request for Binding Ruling on Classification of Postage Stamps and a First Day Cover from China and Japan
| Ruling: The postage stamps and first day cover are classified in heading 9704, Harmonized Tariff Schedule of the U.S., and specifically in subheading 9704.00.0000, which provides for “postage or revenue stamps, stamp-postmarks, first-day covers, postal stationery (stamped paper) and the like, used or unused, other than those of heading 4907.” |
| Issue: Are the foreign postage stamps and first day cover classified in HTSUS heading 4907 or heading 9704? |
| Item: Collectable postage stamps and a first day cover from China and Japan |
| Reason: The mutual exclusivity creates a reasonable distinction for classification of stamps under the HTSUS. Only unused U.S. postage or first day covers of current or new issue are valid as postage for correspondence originating in the U.S., and such articles are classified under heading 4907. Conversely, unused foreign postage is invalid for payment of postage in the United States. These stamps and the like are of value philately to stamp collectors, and are properly classified under heading 9704, which appears in the section of the HTSUS that provides for Works of Art, Collectors' Pieces, and Antiques. |
| Ruling Date: Oct. 29, 2025 |