Newly Released CBP HQ Rulings on Nov. 21
The Customs Rulings Online Search System (CROSS) was updated Nov. 18 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):
H327270: Dredging; 46 U.S.C. § 55109
| Ruling: The use of a non-coastwise-qualified vessel with a U.S. registry endorsement to dredge in Guam waters would violate 46 U.S.C. § 55109. |
| Issue: Whether the use of a non-coastwise-qualified vessel with a U.S. registry endorsement to dredge in Guam waters would violate 46 U.S.C. § 55109. |
| Items: N/A |
| Reason: The proposed dredging operations in Guam waters fall outside the scope of the sole exception to 46 U.S.C. § 55109(a)’s coastwise endorsement requirement. The plain-language meanings of the term “dredge” does not include it in coastwise "trade." |
| Ruling Date: Aug. 26, 2022 |
H206455: Revocation of NY H82059, NY R04727, NY N005077, NY N081177 and NY N034766; Classification of composite portable storage batteries
| Ruling: The composite portable storage batteries are classifiable under subheading 8507.20.80 as “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Other lead-acid storage batteries: Other,” dutiable at 3.5%. |
| Issue: What is the proper tariff classification of various portable batteries/power supplies? |
| Items: Five portable power supplies/power packs that consist of rechargeable batteries and jumper cables. The items are all intended for use by providing power to dead batteries in boats, automobiles, etc. |
| Reason: Each device is capable of performing multiple functions (such as jump-starting vehicles and providing power and lighting, and also functioning as an inflator in one case). Each device is therefore classified according to the device’s principal function. None of the functions would be possible without the devices’ ability to store power or serve as a battery. Therefore, the principal function is indeed to maintain an independent source of electricity to use for one of these other secondary purposes. |
| Ruling Date: Aug. 26, 2022 |