Newly Released CBP HQ Rulings on Aug. 8
The Customs Rulings Online Search System (CROSS) was updated Aug. 8 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):
H323727: USMCA Eligibility of certain chemical products
| Ruling: The final products will be eligible for preferential tariff treatment under the USMCA when imported into the U.S. from Canada. |
| Issue: whether the products TG 3106-C, TG 3106, and TG 3106 PM2 qualify for preferential tariff treatment under the USMCA |
| Items: Three similar products used in steam boilers to prevent corrosion, classified under subheading 3201.10.00. (1) TG 3106-C contains a concentrated tannin base classified under subheading 3824.99, dissolvine classified under subheading 2922.49, and water classified under subheading 2853.90, all sourced from Canada.(2) TG 3106 and TG 3106 PM2 contain a concentrated tannin base classified under subheading 3824.99, dissolvine classified under subheading 2922.49, water classified under subheading 2853.90, [redacted] classified under subheading 2814.20, and [redacted] classified under subheading 2814.20, all sourced from Canada. |
| Reason: The final TG products are goods of chapter 38, and not classified under subheading 3808. The combination process meets the criteria for “deliberate and proportionally controlled mixing or blending.” The new products combine, enhance and optimize the functions of the main ingredients. |
| Ruling Date: July 13, 2022 |
H323729: USMCA Eligibility of certain chemical products
| Ruling: The final products will be eligible for preferential tariff treatment under the USMCA when imported into the U.S. from Canada. |
| Issue: whether the products qualify for preferential tariff treatment under the USMCA |
| Items: Three similar products used in steam boilers to prevent corrosion, classified under subheading 3824.99.93. Each of these products contains: a concentrated tannin base classified under subheading, 3824.99, a concentrated defoamer classified under subheading 3824.99, dissolving classified under subheading 2922.49, and water classified under subheading 2853.90. The final products are different from each other as they contain different quantities and proportions of the inputs, however each contains all of the listed inputs. The inputs for each product are added in measured quantities and mixed according to specifications at the TGWT facility in Canada. You state that the three products qualify for preferential treatment under the USMCA. |
| Reason: The process by which the input materials are combined to create the final products meets the criteria for “deliberate and proportionally controlled mixing or blending.” The combination of these inputs results in goods that each have essential chemical characteristics that are relevant to their use and that are different from the input materials. |
| Ruling Date: July 13, 2022 |
H320247: Tariff classification of Globalstar SPOT X Bluetooth® from China
| Ruling: The SPOT X Bluetooth is classified in heading 8526.91.00 as "Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio navigational aid apparatus." |
| Issue: whether the SPOT X Bluetooth is classified as "other apparatus for the transmission or reception of voice, images or other data" in heading 8517, or as "other radio navigational aid apparatus" in heading 8526 |
| Items: A rectangular handheld device with a screen and QWERTY keyboard that has a GPS receiver and transmitter and a few buttons. It is intended for use by people when they travel to remote, rugged locations without cellular phone service. The device operates using a satellite telecommunications transmitter and receiver that transmits and receives data utilizing Globalstar’s proprietary satellite wireless telecommunications network. The primary feature of the device is automatic, motion-activated tracking that can be monitored by the user’s contacts. |
| Reason: The SPOT X Bluetooth does not need to connect to a smart device via its Bluetooth functionality in order to perform its full range of tracking and communication functions. The principal function of the SPOT X Bluetooth is performed by the GPS receiver. |
| Ruling Date: June 27, 2022 |