Newly Released CBP HQ Rulings on Oct. 22
The Customs Rulings Online Search System (CROSS) was updated Oct. 22 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):
H327461: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1200; Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remotes Controllers, and Components Thereof
| Ruling: Roku has established that its “Box,” “Stick,” and “Soundbar” streaming players are not subject to exclusion from entry based on the limited exclusion order issued by the ITC in Investigation No. 337-TA-1200 |
| Issue: Are Roku's “Box,” “Stick,” and “Soundbar” streaming players subject to exclusion from entry based on the limited exclusion order issued by the ITC in Investigation No. 337-TA-1200? |
| Item: A new design for certain Roku streaming players. A new design for the remote control functionality of Roku OS. |
| Reason: The redesigned Roku Devices cannot infringe the ’196 patent because they do not configure the Roku Device to use CEC control or IR control based on “first data” that indicates whether the TV will be responsive or unresponsive to CEC commands. |
| Ruling Date: Oct. 22, 2022 |
H327463: Ruling Request; U.S. International Trade Commission; General Exclusion Order; Investigation No. 337-TA-1174; Certain Toner Cartridges, Components Thereof, and Systems Containing Same
| Ruling: Ninestar has established that its redesigned toner cartridges, model numbers NT-PB730, NT-PB760, and NT-PB770, are not subject to exclusion from entry based on the general exclusion order issued by the ITC in Investigation No. 337-TA-1174 |
| Issue: Are Ninestar's redesigned toner cartridges subject to exclusion from entry based on the general exclusion order issued by the ITC in Investigation No. 337-TA-1174? |
| Item: redesigned toner cartridges |
| Reason: The redesigned cartridges lack the “second gear” required by all claims of the ’387 patent, the “detection gear” required by all claims of the ’093 patent, the “gear” with a “plurality of gear teeth” which is “rotatable about the protrusion” required by all claims of the ’460 patent, the “developing electrode” required by all claims of the ’856 patent, and the “second cartridge electrode” required by all claims of the ’456 patent. |
| Ruling Date: Oct. 22, 2022 |
H325669: Tariff classification of a Penrose Drains from China
| Ruling: The subject Penrose drains are classified in subheading 4009.11, which provides for “Tubes, pipes and hoses, of vulcanized rubber other than hard rubber, with or without their fittings (for example, joints, elbows, flanges): Not reinforced or otherwise combined with other materials: Without fittings.” |
| Issue: Whether the Penrose Drains are classified as tubes of vulcanized rubber of heading 4009, HTSUS, hygienic or pharmaceutical articles of vulcanized rubber of heading 4014, HTSUS, or as instruments or appliances used in veterinary sciences of heading 9018, HTSUS? |
| Item: Soft tubes made of vulcanized latex rubber varying in size from ¼ to 1 inch in diameter with lengths varying from 12 to 18 inches. Each drain is sterilized and sold individually to animal hospitals for use in surgical procedures. Part of the drain is placed inside the pet’s body. One or both ends of the drain will come out of an incision. It is used to allow fluids to drain out of the pet during the healing process. |
| Reason: The Penrose drains are not of general use. They fall out of heading 4014 because they require the services of a practitioner but do not meet the terms of “hygienic or pharmaceutical.” |
| Ruling Date: Oct. 6, 2022 |