Newly Released CBP HQ Rulings on Jan. 18
The Customs Rulings Online Search System (CROSS) was updated Jan. 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):
H326558: Ruling Request; U.S. International Trade Commission; General Exclusion Order; Investigation No. 337-TA-1259; Certain Toner Supply Containers and Components Thereof (I)
| Ruling: Katun has not met its burden to establish that the articles do not infringe on claims of several patents. The articles at issue are subject to the exclusion order issued as a result of Investigation No. 337-TA-1259. |
| Issue: whether Katun has met its burden to show that the articles at issue do not infringe on the patents, and thus are not subject to the general exclusion order issued in the 1259 investigation |
| Item: redesigned toner cartridges |
| Reason: Katun admitted that the redesigned cartridges currently infringe. The real question turns on claim construction, and the question of infringement is straightforward depending on which party prevails on its claim construction position. |
| Ruling Date: Dec. 21, 2022 |
H327583: Internal Advice; United States Mexico Canada Agreement; T-Connectors; Taillight Converter Kits; Origin
| Ruling: T-connector and taillight converter kits classified under Harmonized Tariff Schedule heading 8537 do not qualify for preferential tariff treatment under the U.S.-Mexico-Canada Agreement. The country of origin for purposes of Section 301 is China, and therefore Section 301 remedies apply. |
| Issue: whether the T-connectors and taillight converter kits qualify for preferential tariff treatment under the USMCA |
| Items: T-connectors and taillight converter kits classified under Harmonized Tariff Schedule heading 8537.10. The T-connectors are manufactured in Mexico from parts of Chinese, Japanese, and U.S. origin, including a Chinese printed circuit board of 8537.10, and Chinese moulded parts of subheading 8538.90. The taillight converter kits are manufactured in Mexico from parts of Mexican, Chinese, and U.S. origin, including a Chinese PCB of 8537.10. |
| Reason: Since the T-connectors include a Chinese PCB of 8537.10, and Chinese moulded parts of subheading 8538.90, and the taillight converter kits include a Chinese PCB of 8537.10, GN11(o)85.37(A) is not met for either product, which requires a change to heading 8537 from any other heading, except from printed circuit assemblies of subheading 8538.90 or moulded parts of subheading 8538.90 or a change to heading 8537 from printed circuit assemblies of subheading 8538.90 or moulded parts of subheading 8538.90 or, whether or not there is also a change from any other heading. |
| Ruling Date: Nov. 15, 2022 |