Newly Released CBP HQ Rulings for July 28

July 29, 2021 |Customs Rulings

The Customs Rulings Online Search System (CROSS) was updated July 28 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):

H317640: Application for Further Review of Protest No. 4197-21-104419; Hydraulic Torque Multiplier; Subheading 9801.00.85, HTSUS

HTS: 9801.00.85, Free, “Professional books, implements, instruments, and tools of trade, occupation, or employment, when returned to the United States after having been exported for use temporarily abroad, if imported by or for the account of the person who exported such items.”

Item: A hydraulic torque multiplier used in aircraft repair

Reason: Aircraft tooling qualifies for entry under subheading 9801.00.85, as long as it is imported by or for the account of the person who exported the same merchandise, said CBP. Here, the hydraulic torque multiplier is aircraft tooling, which is a tool of trade, and was imported by GE Aviation On Wing, 4310 Batavia Road, Batavia, Ohio 45103, who previously exported it to Dubai, Qatar for temporary use abroad. The entry and export documentation show that the hydraulic torque multiplier was exported and imported back into the U.S. as aircraft tooling. As a result, the hydraulic torque multiplier qualifies for duty-free treatment under subheading 9801.00.85.

Ruling Date: May 27, 2021

H317327: Application for Further Review of Protest No 2704-19-102875; Tariff classification of tents

HTS: 6306.22.90, 8.8%, "Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: Tents: Of synthetic fibers: Other."

Item: A 1–2-person outdoor camping folding tent made of manmade textile materials. The tent is imported together with a zippered carrying case with two short handles.

Reason: While the importer said the tent should be classified as a backpacking tent, CBP disagreed. CBP determined that the walls of the tent aren't waterproof and lacked general durability, meaning it is not specially designed for backpacking.

Ruling Date: May 26, 2021

H316992: Application for Further Review of Protest No. 3901-20-106989; Tariff Classification of Dehydrated Sliced Winterhecke

HTS: 0712.90.8580, 8.3%, “Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: Other vegetables; mixtures of vegetables: Other vegetables; mixtures of vegetables: Other.”

Item: Dehydrated and sliced Winterhecke, a plant within the broad genus “Allium”

Reason: The Winterhecke was previously liquidated under the subheading for onions, but CBP now says Winterhecke is a species different from onions and other members of the Allium genus.

Ruling Date: May 25, 2021