Newly Released CBP HQ Rulings for July 8
The Customs Rulings Online Search System (CROSS) was updated July 8 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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H325088: 46 U.S.C. § 55102; 19 C.F.R. §4.80b; Coastwise Transportation; Continuity of Transportation; Oceanographic Research; Limnological Research
| Ruling: The proposed collection of water samples would not constitute coastwise transportation of merchandise as contemplated by 46 U.S.C. § 55102. Transportation of an individual solely engaged in oceanographic research aboard the vessel would not constitute coastwise transportation of passengers as contemplated by 46 U.S.C. § 55103. |
| Issue: whether the proposed operation involving Canadian Coast Guard Ship LIMNOS constitutes an engagement in coastwise trade for purposes of 46 U.S.C. §§ 55102 |
| Item: collection of water samples from points in U.S. territorial waters during the course of oceanographic or limnological research, with an EPA scientist aboard the vessel for the purpose of collecting such samples, and subsequent transportation of the water samples to a United States destination |
| Reason: CBP has long held that samples collected at research sites in the course of oceanographic research are not considered merchandise. The use of non-coastwise-qualified vessels to engage in oceanographic research would not violate the coastwise law. |
| Ruling Date: July 5, 2022 |
H323765: Internal Advice Request; Actual Use; 9817.00.60, HTSUS
| Ruling: The instant lawn mower tires are eligible for duty free treatment under subheading 9817.00.60. Note that if the certificate of actual use submitted is not adequate to meet the requirements of 19 CFR 10.138, OTR has three years from the date of entry to meet these requirements. |
| Issue: whether the subject tires are classifiable under subheading 9817.00.60 |
| Items: lawn mower tires that are low-speed rated (10 mph) and are designed, engineered, and marketed for use on riding and standing lawn mowers |
| Reason: In HQ H264867, CBP held that lawn mower tires constitute parts of a lawn mower. The maximum speed rating, the zero-turn capability and treads designed not to damage lawn surfaces as indicators of specific design for lawnmowers. |
| Ruling Date: April 28, 2022 |