Newly Released CBP HQ Rulings Jan. 9-10
The Customs Rulings Online Search System (CROSS) was updated Jan. 9-10 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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H307013: Protest No. 4601-15-101346; United Supply Corporation
| Ruling: Only the candle, and not the glass candle holder, is subject to antidumping duties. The protest is granted in full. |
| Issue: Should antidumping duties be assessed on the combined value of the candles and glass candle holders United Supply entered in a shipment of merchandise on Jan. 1, 2014? |
| Item: United Supply entered a shipment of merchandise on Jan. 1, 2014, containing candles and glass candle holders. CBP reviewed the entry summary and determined both articles were subject to the antidumping duty order on petroleum wax candles from China. The scope of the Order includes “certain scented or unscented petroleum wax candles made from petroleum wax and having fiber or paper-cored wicks … sold in the following shapes: tapers, spirals, and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers.” |
| Reason: Here, the candle is removeable from the container such that each distinct article may be used independently of the other. Therefore, the separable glass candle holder is not a wax-filled container described in scope of the Order. Antidumping duties may thus only be assessed on the candle and not the glass candle holders. |
| Ruling Date: Aug. 6, 2021 |
H316644: Internal Advice Request for duffle bags; application of Section 301 exclusion
| Ruling: The exclusion should apply to the duffle bags as unfolded for use. |
| Issue: What dimensions count for the Harmonized Tariff Schedule classification for the duffle bags? Should the bags' dimensions be counted as folded? |
| Item: Duffle bags. An exclusion from Section 301 tariffs applies duffle bags “measuring not more than 98 cm by 52 cm by 17 cm, weighing not more than 7 kg, with wheels.” The importer argues that since the article is imported folded and packaged, the dimensions should apply to the article as packaged. |
| Reason: There is no language in the Office of the U.S. Trade Representative's Section 301 List 3 Exclusion that indicates that the dimensions apply to the article as folded and packaged. Rather, the exclusion is for duffle bags of a certain dimension. The dimensions of a duffle bag are constant. |
| Ruling Date: June 6, 2022 |
H320982: Affirmation of NY N320485; Classification of SurgyPad Patient Positioner
| HTS: 3926.90.9950, 9903.88.15, 5.3% + 7.5% , “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: face masks and shields, medical positioning or transport pads, medical waste containers or disinfectant wipes dispensers.” |
| Issue: Whether the SurgyPad constitutes a “part” of the operating table, which is provided for directly in heading 9402. |
| Item: The bulk of the product by volume consists of a green/blue colored polyurethane foam material. The article fits a patient’s torso up through the head area and has foam protective arms permanently sewn to the product. There are six hook and loop straps that attach the product to the operating table. The straps and materials are sewn and glued with a water-based glue. There is also a black anti-skid portion on the back of the article which is comprised of rubber and felt and is used for extra adhesion in securing the patient to the table. |
| Reason: Here, a majority of the subject merchandise consists of polyurethane plastic foam. Therefore, the plastic foam imparts the essential character, and should be classified accordingly. |
| Ruling Date: Jan. 9, 2024 |