Newly Released CBP HQ Rulings June 1
The Customs Rulings Online Search System (CROSS) was updated June 1 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):
H331125: 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's redesigned toner cartridges, model numbers NT-PB223 and NT-PB227, are not subject to exclusion from entry based on the general exclusion order issued by the U.S. International Trade Commission in Investigation No. 337-TA-1174. |
| Issue: Are Ninestar's redesigned toner cartridges subject to exclusion order issued by the U.S. International Trade Commission in Investigation No. 337-TA-1174? |
| Item: redesigned printer toner cartridges |
| Reason: Complainant Brother confirmed that it would participate further in the proceeding. Given the absence of an infringement contention by Brother that the articles at issue are covered by the relevant claims of the asserted patents, that Ninestar has established that the articles at issue are not subject to exclusion from entry |
| Ruling Date: April 24, 2023 |
H327078: Application for Further Review of Protest No. 2304-21-102358; USMCA; Denial of § 1520(d) Claim
| Ruling: The protest should be denied. The Center of Excellence and Expertise for Machinery was authorized to request invoices as part of the § 1520(d) process and properly denied the claims when it was unable to link the claims to specific entry lines based on the information that the importer provided. |
| Issue: Was the § 1520(d) claim properly denied? |
| Item: Torque converters that Cardington Yutaka Technologies purchased and imported from an affiliated manufacturing facility in Mexico. |
| Reason: CBP’s regulations at 19 C.F.R. § 182.32(b) provide a list of documents that must be presented with each post-importation USMCA claim. The authorizing statute provides that CBP “may require ... such other documentation and information relating to the importation." To read CBP’s regulations to preclude it from requiring documents other than those specifically listed would restrict CBP’s authority under the statute and preclude it from requesting documents that it may need to process valid post-importation preference claims. The invoices that CYT refused to provide must ordinarily be provided to CBP during the entry process. |
| Ruling Date: March 31, 2023 |