Newly Released CBP HQ Rulings on Aug. 17
The Customs Rulings Online Search System (CROSS) was updated Aug. 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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H312140: Tariff classification of prefabricated structural components
| Ruling: The Joist and Decking are classified in subheading 3916.90.5000 as “Monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics: Of other plastics: Other: Other: Other.” The Block and Joist Receiver are classified in subheading 3925.90.0000 as “Builders’ ware of plastics, not elsewhere specified or included: Other.” |
| Issue: Whether the components are classified in heading 6810 as articles of artificial stone, in heading 3916 as monofilaments of plastics, or in heading 3925 as builders’ ware of plastics, not elsewhere specified or included |
| Items: Four types of prefabricated structural components: Joist, Decking, Block and Joist Receiver |
| Reason: The Block and Joist Receiver do not contain fiberglass in the form of a sheet, mesh, or core, and therefore cannot be classified in heading 6810. The Joist and Decking meet the definition of a profile shape of heading 3916. However, because the Block and Joist Receiver have been otherwise worked by being pressed into molds, they do not meet the definition of a profile shape of heading 3916 and are therefore classified as materials "not elsewhere specified or included.” |
| Ruling Date: Aug. 12, 2022 |
H322972: Protest and Application for Further Review No 1703-20-107236; Classification of AB 35AS/3 adhesive
| Ruling: The adhesive is classified in subheading 3506.91.5000 as “Prepared glues and other prepared adhesives, not elsewhere specified or included; products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg: Other: Adhesives based on polymers of headings 3901 or 3913 or on rubber: Other.” |
| Issue: Whether the adhesive is properly classified in heading 3214 as a mastic, in heading 3506 as “other” prepared adhesive, or in heading 3909 as a polyurethane |
| Item: A ready-to-use adhesive presented as a brown liquid. It is composed of 50 to 55 percent polyurethane prepolymer, 30 to 40 percent 1,1’methylenebix[4-isocyanato-benzene], 5 to 15 percent polymethylenepolyphenylene isocyanic acid ester, 0.3 to 0.6 percent aliphatic tin salt, 0.1 to 0.3 percent phosphoric acid, and 0.1 to 0.2 percent anti-foam. The subject merchandise is primarily used in the manufacture of automotive headliners, consisting of a PU foam core, which is sandwiched between glass fiber cloth and then attached to textile outer layers. The adhesive is specially formulated to bind these materials together. It can be applied by a roll-coater machine or brush in a small volume. |
| Reason: The adhesive consists of a blend of polymers of heading 3909 along with additional substances outside of headings 3901 to 3913 that exclude the merchandise from classification in chapter 39. The addition of these substances, specifically the aliphatic tin salt, provides the subject merchandise with adhesive properties for its use in the manufacture of automotive headliners. |
| Ruling Date: June 16, 2022 |
H325290: Application for Further Review of Protest No. 3801-19-100578; Subheading 9801.00.10, HTSUS
| Ruling: The protest should be denied. The merchandise is not eligible for duty-free treatment under subheading 9801.00.10. |
| Issue: Whether the merchandise is eligible for duty-free treatment under subheading 9801.00.10 |
| Items: Certain plastic pallets, trays, and lids, entered on April 4, 2018, and liquidated on March 1, 2019 |
| Reason: The documentary requirements for entry under subheading 9801.00.10 are not met as the foreign shipper’s declaration and the manufacturer’s affidavit contain inconsistent information. |
| Ruling Date: June 13, 2022 |
H325116: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1209; Certain Moveable Barrier Operator Systems and Components Thereof
| Ruling: The multi-patent frequency redesign and the power consumption redesign do not infringe on the patents at issue and the articles are not subject to the Modified 1209 LEO. |
| Issue: Whether Chamberlain has met its burden to show that the articles at issue do not infringe on patent claims and thus are not subject to the Modified 1209 LEO (see, e.g., Ruling Request at 1-2) |
| Items: Garage door receivers and transmitters that implement Chamberlain’s “Tri-Band Radio” functionality |
| Reason: Chamberlain has shown that the redesigned transmitters and receivers do not operate in the multi-frequency mode and are not capable (without modification) of operating in that mode. |
| Ruling Date: May 27, 2022 |