Newly Released CBP HQ Rulings on Aug. 5
The Customs Rulings Online Search System (CROSS) was updated Aug. 5 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):
H302244: Affirmation of NY N284256; country of origin of multilayer wood flooring
| Ruling: The country of origin is China. The wood flooring panels do not qualify for NAFTA preferential tariff treatment. |
| Issue: What is the country of origin of the wood flooring? |
| Items: "A multilayer flooring product consisting of a 2mm-thick oak or maple face ply laminated onto a 7.8mm-thick high-density fiberboard core, and backed with a 1.2mm-thick birch veneer. The panels are imported in widths of 3.5" and 5", and in lengths of 15" to 48." The panels were continually shaped on edges and ends with an interlocking ‘click’ mechanism for installation. The panels were stained and coated with a clear material that did not obscure the grain of the wood.” |
| Reason: Petitioner did not challenge the originating good or preferential tariff treatment determination in NY N284256. |
| Ruling Date: June 24, 2022 |
H290625: Application for Further Review of Protest No. 1601-16-100269; PET Film; Transaction Value; U.S.-Bahrain Free Trade Agreement
| Ruling: (1) the post-import rebate should not be deducted from the price actually paid or payable. (2) The subject PET film is not eligible for duty-free treatment under the UBFTA. (3) The forms complied with the requirements of 19 C.F.R. § 10.825. |
| Issues: (1) Whether the post-import rebate may be deducted from the price actually paid or payable for the merchandise. (2) Whether the imported PET film is eligible for duty-free treatment under the UBFTA. (3) Whether the CBP Forms 29 issued by CBP comply with the requirements set forth in 19 C.F.R. § 10.825. |
| Items: PET film, Type A471, 12 microns thick by 31.535 inches wide. It consists of [X] percent Super Bright Chips .630 intrinsic viscosity (“I.V.”) from India; [X] percent Silica Chips 4000 PPM from India; and [X] percent Recycled Chips -- Hazy & Clear (“recycled chips”) from Bahrain recycled from PET film waste and scrap. The importer manufactured the PET film in Bahrain. |
| Reason: The importer did not deduct the rebate from the entered value at the time of entry. The subject merchandise failed to satisfy the 35 percent value content requirement under the UBFTA. Both forms provide the findings of fact based on which the preferential treatment was denied. |
| Ruling Date: June 7, 2022 |
H318631: Revocation of HQ 957534 and NY N014017; Modification of NY 810138; Medicut Shears; Lister Bandage Scissors; Gripsors Bandage Scissors
| Ruling: Bandage scissors are classified in heading 8213, specifically subheading 8213.00.90, HTSUS, which provides for “Scissors, tailors’ shears and similar shears, and blades and other base metal parts thereof: Valued over $1.75/dozen: Other (including parts).” |
| Issue: whether scissors used for removing bandages are classified as instruments used in medical, surgical, dental or veterinary sciences of heading 9018, HTSUS, or as scissors of heading 8213, HTSUS |
| Items: 7" scissors with offset stainless steel blades and plastic handles. One blade edge is serrated, the other sharpened. They feature a safety bandage tip on the longer blade, which is designed to facilitate safe blade access between a bandage and the patient's skin. Medicut Shears are used by health care professionals in a variety of non-surgical applications, such as, cutting gauze and other bandage material, including casts. They can be used to cut wire or metal in instances where those materials are used, such as, in rigid splints. |
| Reason: The subject scissors are not sufficiently specialized to be considered instruments used in medical or surgical sciences. These scissors are not medical or surgical instruments because they are used on fabric that is outside the human body and not actively used by a medical professional to diagnose or treat an illness, or perform surgery. |
| Ruling Date: March 22, 2022 |
H305588: Revocation of NY N304844; Classification of a magnetic sleeve
| Ruling: The magnetic sleeve is classified under subheading 8505.11.00, as “Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof: Permanent magnets and articles intended to become permanent magnets after magnetization: Of Metal.” |
| Issue: whether the magnetic sleeve is classified under subheading 8505.90.40, HTSUS, as work holder or under subheading 8505.11.00, HTSUS, as a permanent magnet |
| Items: Magnetic sleeves or collars are cylindrically shaped articles. The body of each sleeve consists of a plastic or aluminum material that has a permanent magnet made from sintered neodymium-iron-boron fitted into one end of the sleeve and a metal spring band fastened around a recessed section of the outer surface located on the other end of the sleeve. In use, the user slides a screwdriver or a screwdriver bit into one end of the sleeve and on the other end, a metal screw is inserted into the sintered neodymium-iron-boron magnet. Each sleeve’s function is to magnetically facilitate the installation of a screw by stabilizing it while the tool drives it into the workpiece. |
| Reason: The permanent magnet provides the essential character. |
| Ruling Date: March 3, 2022 |
H314649: Modification of HQ 558009; Silicone part
| Ruling: The silicone valve is classified in subheading 3926.90.99, as “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.” The general, column one rate of duty for goods of subheading 3926.90.99, HTSUS, is 5.3% ad valorem. |
| Issue: whether the silicone valve is classified as an other article of plastic of heading 3926, HTSUS, or as a part of heading 9019, HTSUS |
| Items: An FDA-approved medical device that is used with a metered dose inhaler to deliver aerosol medication. It was designed to simplify delivery of medication to patients suffering from asthma who are unable to properly coordinate an MDI (due to age or ill-health), to reduce undesirable side effects that result from use of a MDI alone in the delivery of medication, such as oral candidiasis, and to enhance the therapeutic value of the medication. |
| Reason: Heading 9019 does not provide for parts of accessories. CIT has ruled that "A subpart of a particular part of an article is more specifically provided for as a part of the part than as a part of the whole." |
| Ruling Date: March 3, 2022 |