Newly Released CBP HQ Rulings for Nov. 1
The Customs Rulings Online Search System (CROSS) was updated Nov. 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):
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H320211: Affirmation of NY N318604; Men’s Trousers from Pakistan and Men’s Upper Body Garments from Bangladesh
| Ruling: (1) 6103.42.1020, 16.1%, “Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: Trousers, bib and brace overalls, breeches and shorts: Of cotton: Trousers, breeches and shorts: Trousers and breeches: Men’s.” (2) 6110.20.2069, 16.5%, “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of Cotton: Other: Other: Other: Men’s or boys’: Other,” and 6110.30.3053, 3.2%, “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Men’s or boys’: Other.” |
| Issue: Whether the apparel is classifiable in heading 6107 as sleepwear |
| Item: (1) Men's trousers and (2) men's pullovers. |
| Reason: The physical characteristics are neither indicative of nor characterized by a sense of privacy. Their constituent materials do not have the visual appearance of sleepwear; rather, the trousers and upper body garments are merely loose, casual clothes that are designed to be worn for comfort. There is nothing about the styling, fabric, cut, or construction of the garments that would indicate that they were primarily designed to be worn to bed. Instead, these garments could easily be worn for “lounging” or “home comfort.” Although the garments at-issue may also be worn as sleepwear, this additional use would not result in its classification therein. |
| Ruling Date: Oct. 29, 2021 |
H319836: Coastwise Transportation; Undersea Cable Recovery; 46 U.S.C. § 55102; 46 U.S.C. § 55109; 19 C.F.R. § 4.80b.
| Ruling. The operation does not violate the Jones Act or the Dredging Statute. |
| Issue: Whether the subject cable recovery operation by the non-coastwise-qualified Cable Recovery Vessel violates the Jones Act; whether the subject cable burial operations by the non-coastwise-qualified Cable Recovery Vessel violates the Dredging Statute. |
| Item: An operation intended to recover three sections of decommissioned submarine telecommunications cable. Recovery of the cable portions existing in U.S. territorial waters will be conducted by a separate entity utilizing coastwise-qualified vessels. In recovering the cable portions existing on the U.S. outer continental shelf, a non-coastwise-qualified vessel will be used. The vessel will be mobilized from a port outside of the United States and will proceed directly to the cable recovery sites on the U.S. OCS. Prior to the Cable Recovery Vessel’s arrival, a separate contractor will sever the portion of each cable segment closest to U.S. territorial waters and mark the OCS end with a buoy. Upon arrival at each cable segment, the Cable Recovery Vessel will raise the buoyed end of cable to its deck, attach the cable to its deck winch, and pull in the full length of each cable. After all cable segments are recovered, the Cable Recovery Vessel will depart the U.S. OCS and transport the cable to South Africa for processing and disposal. |
| Reason: The retrieval of out-of-service cable and the transportation of that cable to a port or place outside the United States does not involve the transportation of merchandise between two points embraced by the coastwise laws. As such, the proposed lading of out-of-service cable from the seabed of the OCS and subsequent unlading at a port in South Africa does not constitute transportation in violation of the Jones Act. The Cable Recovery Vessel will not dig or otherwise remove submarine material, so the operation does not constitute dredging for the purposes of the Dredging Statute. |
| Ruling Date: Oct. 27, 2021 |
H321334: Applicability of Subheading 9817.00.96, HTSUS, to certain garments; Nairobi Protocol; Articles for the Handicapped
| Ruling: 9817.00.96, free, "Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons ... other.” |
| Issue: Whether the garments at issue are eligible for duty-free treatment under subheading 9817.00.96 as articles specially designed or adapted for the handicapped |
| Item: Underwear garments for women and men, and a women’s swimsuit. The garments are all designed so that a wearer may don a garment without putting feet and legs through leg openings. |
| Reason: The design of these garments as one-piece garments donned by wrapping the garments around the waist with the front portion pulled from the back to the front and attached to the front with hook and loop closures distinguishes them from underwear garments normally marketed to the general public. The same is true of the swimwear garment. Although the website also indicates that these garments may be used by individuals recovering from surgery or injuries, situations which are temporary in nature, it appears that such use may be considered a fugitive use, as the targeted market is clearly individuals with difficulties which arise to the level of disability when it comes to dressing oneself. These garments are expensive and not competitively priced compared to underwear marketed to the general public. In addition, while quite useful for someone who has difficulties putting on typical underwear, the hook and loop closures may prevent the wearer from wearing certain clothing because of the added bulk of the closures under outer garments. |
| Ruling Date: Oct. 26, 2021 |
H320695: Country of origin; Electronic Cigarette Cartomizer; Section 301 Trade Remedies
| Ruling: The cartomizer originates in country B, and is not subject to Section 301 tariffs. |
| Issue: The country of origin of an electronic cigarette cartomizer. |
| Item: A cigarette cartomizer made with a ceramic resistance heating element (also known as a heater component or heating element) from Country B (scenario 1) or from China (scenario 2). The heating element will consist of the following input materials: electronic slurry, ceramic matrix, and nickel wire. The electronic slurry and nickel wire together are the most expensive materials of the final cartomizer according to the bills of materials. The individual components will create subassemblies in Country B, and the final assembly will take place in Country B. |
| Reason; While the assembly process is not exceedingly complex, as a heating element, which is unable to function on its own, the heater component from Country B (scenario 1) or China (scenario 2) is transformed in Country B, especially considering that it is assembled with the other components mostly from Country B, into a heater module/subassembly, which enables the atomization of the e-liquid and provides the final cartomizer with its character and use. |
| Ruling Date: Oct. 21, 2021 |
H301950: Protest and Application for Further Review No 1601-2018-100201; Classification of Lubricant Canisters
| Ruling: 9817.00.96, free, "Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons ... other.” |
| Issue: Whether the lubricant canisters are classified as an other machine and mechanical appliance in subheading 8479.89.94, or as a part of a machine in subheading 8479.90.94.. |
| Item: Lubricant canisters that act as holding compartments within the Perma STAR VARIO electromechanical single point lubrication systems (“STAR VARIO system”). These systems are electromechanical devices that use an electromechanical drive unit and battery pack to automatically deliver controlled amounts of lubricant, stored in the lubricant canister, to specific points of systems or components using precise lubricant metering. Such systems are used to mechanically and automatically apply lubricant in small, measured amounts over certain specified time intervals without the need for an operator. The STAR VARIO system operates fully automatically and specifically is used for automatic single-point lubrication of roller and sliding bearings, sliding guides, open gars, gear racks, spindles, shaft seals, and chains. |
| Reason: Although the subject lubricant canisters are specially designed to attach to the STAR VARIO system and facilitate the operation of the drive unit and pistons that ultimately dispense the lubricant, they do not feature any of the electromechanical components in their condition as imported. As such, they do not possess the essential character of an assembled and/or complete machine or mechanical appliance of subheading 8479.89, and therefore are not classified under that provision by operation of Note 2(a) to Section XVI. |
| Ruling Date: Aug. 31, 2021 |