Newly Released CBP HQ Rulings Oct. 28-Nov. 4
The Customs Rulings Online Search System (CROSS) was updated between Oct. 28 and Nov. 4 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H340844: Ruling Request; U.S. International Trade Commission; General Exclusion Order; Investigation No. 337-TA-1355; Certain Compact Wallets and Components Thereof
| Ruling: CBP found that Mountain Voyage has established, through an inter partes proceeding, that Mountain Voyage's money clip and cash strap wallets with stock keeping units ending in the letters “WD” or “CS” are not subject to exclusion from entry based on the general exclusion order issued by the U.S. International Trade Commission in Investigation No. 337-TA-1355. |
| Issue: Whether Mountain Voyage's money clip and cash strap wallets were subject to GEOs. The Ridge, complainant in the 1355 investigation and patent holder, didn't argue that the articles at issue infringe the relevant claims of the ’808 patent. However, Ridge’s primary concern is with CBP’s ability to determine whether specific articles making entry for consumption are subject to the 1355 GEO without further “sworn testimony or other actionable-if-false evidence.” Additionally, Ridge argues that Mountain Voyage has not sufficiently described its labeling process or how SKUs are affixed to its products or product packaging. |
| Item: Mountain Voyage's money clip and cash strap wallets with stock keeping units ending in the letters “WD” or “CS” |
| Reason: See ruling. |
| Ruling Date: Sept. 27, 2024 |
H305368: Application for Further Review of Protest No. 1303-19-100273; [ ]; Country of Origin; Antidumping and Countervailing Orders; Drawn Stainless Steel Sinks from the People’s Republic of China
| Ruling: CBP properly determined the merchandise to be subject to the antidumping and countervailing duty orders on drawn stainless steel sinks from China. |
| Issue: Did CBP properly determine the merchandise to be subject to the antidumping and countervailing duty orders on drawn stainless steel sinks from China? |
| Item: Stainless steel sinks |
| Reason: The protestant provided a Certificate of Origin that claimed the entered merchandise is “produced or processed” in Malaysia. But certificates of Origin are not legally binding since it is CBP, not any foreign government, who is responsible for determining the country of origin for entered merchandise under U.S. law. The protestant also provided a bill of lading and an insurance agreement to demonstrate that the merchandise was transported from Malaysia to the United States, but the two documents, however, do not further the claim that the sinks were produced in Malaysia. The protestant also challenged CBP’s reliance on the commercial invoice that references “FOB Xiaolan” by claiming it is “clearly a typographical error” because “there is no mention of China whatsoever in any other portion of the commercial documentation, including the bill of lading.” The mere fact that the other documents provided to CBP did not mention “China” does not overcome the fact that the commercial invoice indicates shipment from China. Accordingly, the mere statement that the reference is a typographical error does not present the clear evidence required to overcome the presumption of correctness afforded in this case. |
| Ruling Date: Sept. 4, 2024 |