CBP Suggests Information to Include in eRuling Requests
U.S. Customs and Border Protection (CBP) has posted to its Web site a revised version of its requirements for the electronic rulings (eRulings) program, in order to provide guidance on the information that would be helpful to include in an eRuling request.
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According to CBP, providing this information will increase the likelihood that CBP can respond, without having to return a ruling request for additional information.
CBP lists the type of information that would be helpful, by ruling type, as follows:
Classification rulings. CBP notes that classification rulings determine which Harmonized Tariff Schedule (HTS) provisions apply to goods. The HTS number determines the applicable duty rate and eligibility for various trade programs. Classification depends on various factors, which vary according to the type of product involved. CBP states that the following information will be helpful:
A full and complete description of the good in its imported condition.
Component materials.
The good's principal use in the United States.
The commercial, common, or technical designation.
Illustrative literature, sketches, digital photographs, flow charts etc.
Chemical analysis, flow charts, CAS number, etc.
Any special invoicing requirements in Section 141.89 of the Customs Regulations
Any other information that may assist in determining the classification of the article. (CBP suggests that the HTS be referred to and that an attempt be made to determine the likely applicable classification, so that the requestor can discern from the wording of that provision what factors CBP will need in order to provide a ruling.)
County of origin. CBP states that country of origin rulings determine the country of origin of goods, which in turn determines the applicability of special duty rates and other trade programs. The origin of goods depends on where the various production steps took place. According to CBP, the following detailed information will be helpful:
Countries where each of the source materials were made or harvested.
Countries where each of the various production steps took place.
Trade program or agreement. CBP states that trade program or agreement rulings determine whether free trade agreements such as NAFTA (North America Free Trade Agreement), or special trade programs such as AGOA (Africa Growth and Opportunity Act), apply to goods.
In addition to the detailed production information described for Country of Origin Rulings, these rulings may also require information on costs incurred in each of the production countries.
Country of origin marking. CBP states that country of origin marking rulings determine whether goods are properly marked or labeled as to country of origin. According to CBP, the following information will be helpful:
Detailed description of how the article and its container will be marked.
Illustrations that show clearly how the goods are labeled and packaged.
Illustrations should show all other labeling and packaging details, besides the actual country of origin marking.
Detailed description of how the goods will be used or sold upon importation.
(See ITT's Online Archives or 12/09/05 news, 05120905, for BP summary on CBP's eRulings program and the availability of a web-based eRulings template which can be used for requesting rulings online.)
CBP's revised eRulings instructions (dated 04/05/06) available at http://www.cbp.gov/xp/cgov/toolbox/legal/Rulings/eRulingRequirements.xml.