Newly Released CBP HQ Rulings for Feb. 25
The Customs Rulings Online Search System (CROSS) was updated on March 2 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):
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H302445: Application for Further Review Protest No. 4196-16-100685; Tariff classification of Optical Image Bundles
| Ruling: The Optical Image Bundle is classified under heading 9013, HTSUS, and specifically under subheading 9013.80.90, HTSUS, which provides for “Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof: Other devices, appliances and instruments: Other…” |
| Issue: Is the Optical Image Bundle properly classified under heading 9013, HTSUS, which provides for “Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof”, or heading 9018, HTSUS, which provides for “Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof”? |
| Items: The Optical Image Bundle consists of a stainless-steel tube into which optical fibers are bundled and inserted. Glass lenses are bonded to one end of the optical imaging fibers. After importation, the OIBs are further assembled into a laser-surgery probe. After importation, the OIBs are stated to be assembled into a laser-based endoscope, which in turn is assembled into microprobe system, to be used in medical procedures. |
| Reason: In its condition as imported, the Optical Image Bundle is a series of lenses bonded to the optical image fibers, all encapsulated in stainless steel tube. This is itself an optical appliance or instrument. As such, the OIB is specifically covered under heading 9013 as its own entity, not as a part of another instrument. |
| Ruling Date: Dec. 30, 2021 |
H313168: USMCA Eligibility; Narrow Elastic Fabric
| Ruling: The narrow elastic fabric meets the criteria and is USMCA originating. |
| Issue: Whether the narrow elastic fabric in question is considered originating for purposes of Note 2 to Chapter 61, GN 11, HTSUS |
| Items: Narrow elastic fabric which is either woven or knitted, and is used to form elastic bands, which are ultimately used to form waistbands for the apparel products in question. Intimark obtains the narrow elastic fabrics from Stretchline in Mexico. Stretchline produces the elastic bands at their facility in Mexico from the yarn of various origin. In producing the fabric, Stretchline obtains yarn from the producers in the following countries: China, Italy, Spain, Vietnam, India, and the United States |
| Reason: Apparel containing narrow elastic fabrics of subheading 5806.20 or heading 6002 will be considered originating only if such fabrics are both formed from yarn and finished in the territory of one or more of the USMCA countries. The narrow elastic fabric is formed when it is knitted or woven from strands of yarn to form the elastic fabric. All of these stages of production occur in Mexico. The fabric is then “finished” when it is dyed, packaged, cut to shape and assembled to ultimately form the waist bands. |
| Ruling Date: Aug. 18, 2021 |