Newly Released CBP HQ Rulings for March 17
The Customs Rulings Online Search System (CROSS) was updated March 17 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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H323497: Instruments of International Traffic; 19 U.S.C. § 1332(a); §§ 10.41a(a)(1), 10a(a)(2); Mazda Motor of America, Inc.; Returnable Containers and Racks; Accessories
| Ruling: The subject totes, pallets, top caps, knock-down containers, steel bins and steel racks qualify for consideration as instruments of international trade within the meaning of 19 U.S.C. § 1322(a) and § 10.41a(a)(1). They are not subject to country of origin marking requirements. |
| Issues: Whether certain returnable containers and racks qualify as “instruments of international traffic” within the meaning of 19 U.S.C. § 1332 |
| Items: (1) Totes made from injection-molded plastic with a plastic lid. They range in size from 12"x15"x4" to 48"x23"x14". There are a total of 2,915 subject totes to be used during the year. (2) Pallets made from injection-molded plastic, it is flat with legs. The subject pallet is 48"x45"x6". There are a total of 6,286 subject pallets to be used during the year. (3) Top caps made from injection-molded plastic and fit on top of the pallet to hold the parts in place. The subject top caps are 48”x45”x3”. There are a total of 16,286 subject top caps to be used during the year. (4) Knock-down containers made from injection-molded plastic. The sides fold down for easier loading of production parts. They range in size from 48"x45"x25" to 70"x48"x50". There are a total of 1,547 subject knock-down containers to be used during the year. (5) Steel bins with legs. The subject bin’s size ranges from 48"x30"x22" to 48"x45"x22". There are a total of 4,189 subject steel bins to be used during the year. (6) Steel racks designed to carry heavier parts, such as axle assemblies. The subject steel racks range from 48"x45"x27" to 96"x48"x36". There are a total of 4,629 subject steel racks to be used during the year. |
| Reason: Items are all substantial, suitable for and capable of repeated use, and used in significant numbers in international traffic. |
| Ruling Date: March 15, 2022 |
H293786: Revocation of NY N132069, NY N245061, and NY N246761; Classification of Child Car Seat Cushions
| Ruling: The subject merchandise is a switchblade knife within the meaning of the Switchblade Knife Act. It does not fall within the exception found in 15 U.S.C. § 1244(5). The knife is prohibited entry into the U.S and will be retained by CBP and appropriately destroyed. |
| Issue: whether the child car seat cushions with clips are classified in heading 9401, HTSUS, as parts of car seats; or heading 9404, HTSUS, as cushions |
| Item: Cushions for child car seats. (1) Two styles of infant car seat cushions. The seat cushions are covers designed and shaped to go over a molded infant car seat shell with a molded foam insert. Each cushion is composed of polyurethane foam and polyester batting, and has two plastic clips per cushion that anchors the cushion to the bottom of the car seat frame. The seat cushions have two horizontal slits for each of the shoulders and one horizontal slit for the lap that secures the infant to the car seat by means of harness straps. The harness straps are not imported with the cushions. These cushions with their clips are imported together. (2) Five cover sets packaged for retail sales designed for attachment and use with Britax’s child safety seats. These cover sets have components that either cover over or attach to their respective child safety seat. All five cover sets have clips on the component identified as the car seat cover and these clips attach the cover to the frame of their respective child safety seat. To clarify, the car seat covers are upholstered cushion covers that form only part of the covering for child safety seats; the other components are needed to fully cover over and pad each of the child safety seats. Only the car seat covers have clips to attach to the frame of the child safety seat, while the other components secure to the seat by means of Velcro, loops or slide-through slits. |
| Reason: From Legal Note to Chapter 94, HTSUS: "The articles (other than parts) referred to in headings 9401 to 9403 are to be classified in those headings only if they are designed for placing on the floor or ground. The following are, however, to be classified in the above-mentioned headings even if they are designed to be hung, to be fixed to the wall or to stand one on the other: … (b) Seats and beds. 3. … (b) Goods described in heading 9404, entered separately, are not to be classified in heading 9401, 9402 or 9403 as parts of goods." |
| Ruling Date: Dec. 20, 2021 |