Newly Released CBP HQ Rulings Aug. 19-21
The Customs Rulings Online Search System (CROSS) was updated between Aug. 19 and Aug. 21 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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H351038: Internal Advice Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1276; Certain Light-Based Physiological Measurement Devices and Components Thereof
| Ruling: The redesigned Apple Watches at the Port of Chicago under Detention No. 1751555713390 are to be released. |
| Issue: Whether the redesigned Apple Watches at issue in the Apple II Ruling, that were found to infringe claim 22 of the ’502 patent or claims 12, 24, or 30 of the ’648 patent only when considered in combination with the redesigned iPhone, are subject to exclusion from entry when imported alone. |
| Item: The light-based physiological measurement devices and components within five Apple Watches. |
| Reason: See ruling. |
| Ruling Date: Aug. 1, 2025 |
H346768: Instruments of International Traffic; 19 U.S.C. § 1332(a); §§ 10.41a(a)(1), 10a(a)(3); Bloodhound Tracking Device, Inc.
| Ruling: The subject devices do not qualify for duty-free treatment as international instruments of trade (IITs) within the meaning of 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(1). The subject devices qualify as accessories to an IIT within the meaning of 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(3) |
| Issue: Whether the subject devices qualify for consideration as an IIT within the meaning of 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(1); and whether the subject devices qualify for consideration as accessories to IITs within the meaning of 19 C.F.R. § 10.41a(a)(2). |
| Item: Three models of Bloodhound Tracking Device (BTD) tracking devices: Marine container units, which are permanently installed on intermodal containers; trailer/van units, which are permanently installed on 53-foot trailers for international transportation; and chassis units, which are permanently installed on marine and intermodal chassis |
| Reason: The subject devices are substantial, suitable for and capable of repeated use with IITs. Based on the foregoing, the subject devices qualify for designation as accessories to IITs. Therefore, they qualify for entry-free and duty-free treatment pursuant to 19 C.F.R. § 10.41a(a). |
| Ruling Date: May 12, 2025 |
H336898: Request for Internal Advice Applicability of Entry and Arrival Requirements to SpaceX Vessels Involved in Space Flight Hardware Recovery Operations; 19 U.S.C. §§ 1433, 1434
| Ruling: The SpaceX vessels receive merchandise when they take aboard the rocket fairings, rocket boosters, outside the territorial sea. Because this receipt of merchandise is occurring while the vessels are outside the territorial sea, the arrival reporting and formal entry requirements of 19 U.S.C. § 1433(a)(1)(D) and 19 U.S.C. § 1434(a)(4) apply to SpaceX’s vessels, namely the droneship, support vessels, upon their return to a U.S. port. Because the towing vessel that tows the droneship laden with the recovered rocket boosters does not receive merchandise, it is not subject to these requirements. |
| Issue: Whether vessels that recover SpaceX’s space hardware while outside the territorial sea are required to report arrival under 19 U.S.C. § 1433, and whether vessels that recover SpaceX’s space hardware while outside the territorial sea are required to make vessel entry under 19 U.S.C. § 1434. |
| Item: SpaceX’s space hardware. |
| Reason: The analysis of whether SpaceX’s recovery vessels are subject to the arrival reporting and formal entry requirements necessitates that CBP determines (1) whether the vessels “delivered or received merchandise or passengers”; and (2) if so, whether such delivery or receipt occurred "outside the territorial sea." SpaceX describes in its submissions that SpaceX vessels recover the rocket fairings, boosters at locations “on the high seas,” which generally means outside of the U.S. territorial sea. The vessels subsequently arrive at U.S. ports where the rocket fairings, boosters... are unladed. Accordingly, these recovery activities are occurring “while outside the territorial sea” - and SpaceX’s submissions do not contest this point. For the vessel arrival and entry statutes to apply, the lading... and rocket fairings aboard SpaceX’s vessels, and the landing of the rocket boosters upon the drone vessels, must constitute the receipt of such merchandise by the vessels. CBP notes that, because both 19 U.S.C. § 1433(a)(1)(D) and 19 U.S.C. § 1434(a)(4) impose arrival reporting and vessel entry requirements on vessels that received merchandise while outside the territorial sea, without regard to the ownership of the merchandise, in our prior rulings addressing these statutes, CBP has never considered the ownership of merchandise to be relevant in assessing whether a vessel has received merchandise. |
| Ruling Date: May 23, 2025 |
H351125: PVC Cordless Mini Blinds; U.S. Content; 9903.01.34, HTSUS
| Ruling: The additional duties imposed by subheading 9903.01.25 will not apply to the U.S. PVC resin consistent with subheading 9903.01.34, HTSUS, and Chapter 99, Subchapter III, U.S. Note 2(v)(xiii). |
| Issue: Whether the U.S.-origin PVC resin used to produce the 1” light filtering PVC cordless mini blinds, the 2” faux wood PVC cordless mini blinds, and the 3.5” room darkening vertical PVC cordless mini blinds qualifies for the U.S. content exemption under subheading 9903.01.34. |
| Item: Polyvinyl chloride suspension resin SE800 (PVC resin) imported by Ever Ease International, which is used to make 1” light-filtering PVC cordless mini blinds, 2” faux wood PVC cordless mini blinds, and 3.5” room-darkening vertical PVC cordless mini blinds in Vietnam. |
| Reason: The certificate of origin and the certificate of analysis from the U.S. manufacturer indicate that the resin was produced in the United States. Based on the invoices and bill of materials, the U.S. content for the 1” light-filtering PVC cordless mini blinds represents 34% of the total price paid or payable for the light-filtering mini blinds. The U.S. content for the 2” faux wood PVC cordless mini blinds is 29% of the total price paid or payable for the faux wood mini blinds. The U.S. content for the 3.5” room-darkening vertical PVC cordless mini blinds is 31% of the price paid or payable for the darkening vertical mini blinds. |
| Ruling Date: Aug. 15, 2025 |
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