Newly Released CBP HQ Rulings for May 16
The Customs Rulings Online Search System (CROSS) was updated May 16 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):
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
H308723: Request to reconsider NY N304480 (June 11, 2019); Tariff classification of a Personal Computer Module, Automated Data Processing machine ViewSonic model VPC15-WP
| Ruling: ViewSonic model VPC15-WP is properly classified under heading 8471 and is specifically provided for under subheading 8471.50.01, HTSUS. NY N304480 is affirmed |
| Issue: Is the ViewSonic personal computer module model VPC15-WP properly classified under heading 8471 as an ADP machine, or under heading 8473 as a part of accessory of an ADP machine? |
| Item: A PC that is intended to be permanently mounted to a specific ViewSonic interactive display monitor. The ViewSonic VPC15-WP consists of an enclosure having a motherboard, an Intel i5 processor, 8 GB memory, 128 GB solid state storage drive, Ethernet and Wi-Fi connectivity, and various interconnections such as USB, HDMI, audio input/output, and RGB out. The subject ViewSonic VPC15-WP is imported with the Windows 10 operating system preinstalled and has no hardware or software limitations that would prevent the user from adding or removing software of their choosing. After installation into a corresponding display monitor, users are able to perform general computing tasks, accept the connection of various peripherals, browse online content, and more. |
| Reason: The ViewSonic VPC15-WP is a fully functional ADP machine that satisfies all of the prerequisite requirements of the relevant chapter note,. Although the computer is dedicated for use with a certain type of monitor, it is not limited in its ability to meet the computing needs of the user. The ViewSonic VPC15-WP is not merely an accessory to the interactive display monitor it is mounted to, but instead it is the ADP machine. |
| Ruling Date: May 11, 2022 |
H323388: Instruments of International Traffic; 19 U.S.C. § 1332(a); §§ 10.41a(a)(1), 10a(a)(2); ASML US, Inc.; Shipping Containers and Fixtures for Semiconductor Manufacturing; Accessories
| Ruling: The individual cases for subassemblies and lens purge systems qualify as IIT. The locking mechanisms, transport assemblies, and shock/climate measuring devices all qualify as accessories of IIT. |
| Issues: Whether the subject individual cases for subassemblies, locking, carts with lens purge systems, subject transport, or shock/climate measuring devices qualify for consideration as IIT or accessories of IIT within the meaning of 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(2). |
| Item: (1) Individual cases for subassemblies, made from Polypropylene H and Neopolen plastics or plywood reinforced with metal. All subject cases have a lifespan of at least seven years and are expected to be reused two to three times per year. (2) Lockings. The items are designed to secure modular assemblies to shipping containers or pallets. The subject lockings are made from steel. They have a lifespan of at least seven years and an estimated reuse of two or three times per year. It is noteworthy that, in the present matter, the lockings attach to the shipping containers or pallets with bolts. (3) Lens purge systems. The items provide a pressurized supply of nitrogen gas to the DUV machine’s Starlith Lens Apparatus. The subject system is used to protect the Starlith Lens Apparatus from contamination during shipping. The subject item consists of the lens purge device and the steel cart with shock absorbers it sits upon; all pieces are imported together as one unit. They have a lifespan of at least seven years and are expected to be reused two or three times per year.(4) Transport assemblies. The items hold some modular assemblies for the DUV and EUVL machines and are then themselves secured to intermodal containers. They have a lifespan of at least seven years and are expected to be reused two or three times per year.(5) Shock/climate measuring devices. These items attach to intermodal containers. They have a lifespan of at least seven years and are expected to be reused two or three times per year. |
| Reason: CBP has previously determined that transport equipment constructed from PP-H and Neopolen plastics with a life expectancy of five to ten years qualify as substantial. In a request, HQ H282408, the subject lockings were not designated accessories to IITs because the subject lockings did not attach to the IIT itself. The subject lockings now bolt to the steel pallets, which represents a significant new fact. CBP has previously held containers known as “dry shippers” qualified for consideration as IITs |
| Ruling Date: May 9, 2022 |
H324012: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1067; Certain Road Milling Machines and Components Thereof
| Ruling: Caterpillar has met its burden to show that the Updated Machines do not infringe claim 11 of the ’641 patent. The articles at issue are not subject to the Modified 1067 limited exclusion order. |
| Issue: Whether Caterpillar has met its burden to show that the Updated Machines, in addition to the previous ruling (HQ H314355), do not infringe claims 11 and 17 of the ‘641 patent, and as such are not subject to the Modified 1067 LEO. |
| Item: Caterpillar’s PM600 and PM800 Updated Machines that include a new drum shutoff design. The Updated Machines have continued since 2020 to implement the earlier redesigns relevant to claims 2, 5, 16, and 23 of the ’530 patent and claim 29 of ’309 patent at issue, as well as the new drum shutoff design relevant to claims 11 and 17 of the ’641 patent that is the subject of this ruling request. Road milling machines are used for road construction and “have a rotating milling drum that removes or ‘mills’ existing pavement.” “As the [milling] drum rotates, spike-like cutting tools (also referred to as bits) on the [milling] drum grind the pavement into millings.” |
| Reason: The Updated Machines do not monitor “a distance … between the rotating, raised milling drum and the ground surface or an obstacle located in front of the milling when seen in the direction of travel” as recited in limitation. Additionally, the Updated Machines do not disengage the milling drum when they detect a “deviation” that “falls below a pre-determined distance between the milling drum and the ground surface,” as recited in limitation. |
| Ruling Date: April 2, 2022 |
H323683: Request for Internal Advice on Protest No. 3002-21-103869; U.S. International Trade Commission; General Exclusion Order; Investigation No. 337-TA-567, Certain Foam Footwear
| Ruling: Triple T’s submission does not challenge a protestable decision under 19 U.S.C. § 1514(a). This protest should be denied. However, the articles at issue, absent other issues, may be released and entered for consumption into the U.S. Note that determinations of the Commission resulting from the underlying investigation haver binding authority on CBP and, in the case of conflict, will modify or revoke any contrary CBP ruling or decision pertaining to section 337 exclusion orders. |
| Issue: Whether (1) an exclusion from entry based on an order issued by the USITC is subject to protest and (2) the articles at issue are subject to the 567 GEO. |
| Item: A footwear piece comprising: a base section including an upper and a sole formed as a single part manufactured from a moldable foam material; and a strap section formed of a moldable material that is attached at opposite ends thereof to the upper of the base section with plastic connectors such that the moldable foam material of the strap section is in direct contact with the moldable material of the base section and pivots relative to the base section at the connectors; wherein the upper includes an open rear region defined by an upper opening perimeter, and wherein frictional forces developed by the contact between the strap section and the base section at the plastic connectors are sufficient to maintain the strap section in place in an intermediary position after pivoting, whereby the strap section lends support to the Achilles portion of the human foot inserted in the open rear region; and wherein the upper includes a substantially horizontal portion and a substantially vertical portion forming a toe region that generally follows the contour of a human foot, wherein the toe region tapers from an inner area of the base section where the larger toes exist to an outer area of the base section where the smaller toes exist; and wherein the sole includes a bottom surface having front and rear tread patterns longitudinally connected by a flat section. |
| Reason: CBP does not have jurisdiction to rule on exclusion orders issued by the USITC. CBP initially thought that the footwear was in violation of the general exclusion order but, after reexamination of the articles at issue, decided that the articles at issue are not covered by the remaining patent claims and not subject to the exclusion order. CBP also found that even though the issue was not protestable, HQ could examine the issue because of an internal advice request from the port. |
| Ruling Date: March 17, 2022 |
H314149: Application for Further Review of Protest No. 1703-20-102155; Tariff Classification of House Wrap
| Ruling: The house wraps are properly classified under subheading 5407.20.0000, as “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Woven fabrics obtained from strip of the like.” |
| Issue: What is the proper tariff classification of the house wraps? |
| Item: Rolls of plastic coated, woven fabrics consisting of 100 percent polypropylene, to be used as house wrap products during construction to protect the properties from water infiltration. The house wrap is applied over the wooden frame, but before the siding. |
| Reason: The clear plastic coating was not visible to the naked eye upon visual inspection. The products are the same as those previously ruled on in NY M84411 and classified under heading 5407 |
| Ruling Date: March 8, 2022 |
H323646: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1213; Certain Light-Emitting Diode Products, Fixtures, and Components Thereof
| Ruling: The “New Aerobay Design” and the “New L34 Design” are not subject to the LEO issued in the 1213 investigation,4 we find that these products are not subject to exclusion from entry and, for purposes of section 337, may be entered for consumption. |
| Issue: whether “New Aerobay Design” and the “New L34 Design” are outside the scope of the limited exclusion order issued in USITC Inv. No. 337-TA-1213 |
| Item: certain LED lighting devices |
| Reason: uncontested by complainant Cree |
| Ruling Date: Feb. 25, 2022 |