Sept. 17 CBP Bulletin Proposes to Revoke Rulings on E-Scooters, Shrimp Spring Rolls
In the Sept. 17 Customs Bulletin (Vol. 59, No. 38), CBP published proposals to modify and revoke ruling letters concerning the country of origin for an e-scooter and tariff classifications of shrimp spring rolls and breaded shrimp.
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Comments on Proposals Due Oct. 17
CBP said consideration will be given to any written comments received by Oct. 17 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
E-Scooters
| Items: N344694: “Lightfoot,” a solar and regenerative braking-powered seated e-scooter, which was assembled in Taiwan from a Chinese and Taiwanese frame and Chinese, Taiwanese and German components. |
| Current country of origin: China |
| Proposed country of origin: Taiwan |
| Reason: CBP has consistently found that the essence of a bicycle is its frame. In Lightfoot’s reconsideration request, it submitted additional information in support of their clarification that the solar panels are not part of the frame of the e-scooter. According to photos and videos submitted with the reconsideration request, the solar panels are merely attached to plastic side panels that are also not structurally part of the rigid underlying aluminum alloy skeleton frame that supports the integrity of the vehicle and the weight of the rider. Based on the information submitted with this reconsideration request, CBP is convinced that the solar panels do not provide the primary power source to the e-scooter. Nevertheless, even if the solar panels did serve as the primary power source, that would not distinguish the subject e-scooter from similar e-bikes. While the solar panels are a unique feature of the Lightfoot e-scooter in providing a supplementary power source, the unifying component and essence of the e-scooter, as well as other types of bicycles and scooters, is the frame. |
| Proposed for revocation: NY N344694, dated Jan. 14, 2025 |
| Proposed new ruling: HQ H344999 |
Shrimp Spring Rolls and Breaded Shrimp
| Items: N265988: Tortilla seafood spring rolls, which consist of a dough jacket stuffed with shrimp (30%), vegetables (red peppers, green peppers and onions) and seasonings; NY L86382: three varieties of breaded shrimp, each of which are seasoned (pepper, sugar, salt, garlic & corn starch) and wrapped in pastry paper (wheat flour, soybean oil, water, & salt). |
| Current: Heading 1605, which provides for “Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved.” |
| Proposed: Heading 1902, specifically in subheading 1902.20.00, which provides for “Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagna, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: Stuffed pasta, whether or not cooked or otherwise prepared.” |
| Reason: Stuffed pasta of heading 1902 typically consists of a semolina or flour dough jacket stuffed with meat, fish or other substances. CBP noted that the outer shells of the tortilla seafood spring rolls are made of ingredients such as wheat flour, water, vegetable oil, maltodextrin, corn starch, salt, sugar, tapioca starch, dehydrated garlic powder, dehydrated onion powder, spices, natural flavorings, parmesan cheese powder, yeast extract, turmeric, calcium lactate, silicon dioxide, paprika, spice extract, lactic acid, tortilla corn chips, vegetable shortening and annatto extract. The outer shells of the breaded shrimp are made of wheat flour, soybean oil, water, and salt. Because the outer shells of the tortilla seafood spring rolls and breaded shrimp consist of a jacket made on the basis of wheat flour and water, the seafood rolls and breaded shrimp are classifiable as stuffed pasta of heading 1902. |
| Proposed for revocation: NY N265988, dated July 17, 2015; NY L86382, dated July 27, 2005 |
| Proposed new ruling: HQ H344666 |