Newly Released CBP HQ Rulings for Jan. 10
The Customs Rulings Online Search System (CROSS) was updated Jan. 10 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):
H322399: Country of Origin; Grease seal; Section 301 trade remedy
| Origin: U.S. |
| Issue: What is the country of origin of the grease seal manufactured in the U.S. and returned to the U.S. by overseas customers after purchase for the purposes of applying Section 301 trade remedies? |
| Item: A rubber seal case produced at a U.S. plant will be molded and joined to the imported Chinese steel shield by inserting the U.S. rubber seal case and a U.S. rubber lip into the shield, and flanging the bottom on the shield. |
| Reason: The U.S.-originating rubber seal case and molded lip seal prevent leakage of grease out of the seal and impart the essence of the grease seal. |
| Ruling Date: Jan. 7, 2022 |
H309868: Request for Reconsideration of NY N306132; Classification of SYMFONISK lamp
| HTS: 9405.20.80, 3.9%, “Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: Electric table, desk, bedside or floor-standing lamps: Other.” |
| Issue: whether the essential character of the SYMFONISK lamp is imparted by the loudspeaker, such that it is classified pursuant to GRI 3(b) in heading 8518, HTSUS, as “…loudspeakers, whether or not mounted in their enclosures…” or whether neither the loudspeaker nor the lamp imparts the essential character of the SYMFONISK lamp, such that it is classified pursuant to GRI 3(c) in heading 9405, HTSUS, as “Lamps and lighting fittings…, not elsewhere specified or included…” |
| Item: The SYMFONISK lamp is a combination speaker and lamp. It consists of the SYMFONISK speaker within the base of a table lamp. |
| Reason: The SYMFONISK lamp is designed for use both as a lamp and as a Wi-Fi-enabled loudspeaker. Both the lamp and the loudspeaker contribute to the consumer’s use of the goods. Therefore, neither the lamp, nor the loudspeaker gives the SYMFONISK lamp its essential character. |
| Ruling Date: Dec. 28, 2021 |
H319762: Internal Advice Concerning the USMCA Eligibility of Natural Gas Imported into the United States from Canada through a Pipeline
| Ruling: Eligible for USMCA |
| Issue: whether the natural gas imported from Canada into the U.S. through a pipeline qualifies for preferential tariff treatment under the USMCA |
| Item: imported natural gas from Canada at the Massena, New York, port of entry via a pipeline |
| Reason: "There are only two potential sources for the natural gas in any pipeline located in Canada or in the United States. First, the natural gas imported into the United States could have been obtained through the extraction of the gas from the ground which was in the territory of one of the parties to the USMCA. Second, a portion of the natural gas could have been sourced from natural gas outside the USMCA territory, in which case to be safely transported, the gas would have to be in a liquid state, known as Liquified Natural Gas. Liquified Natural Gas must then be re-gasified before it can be put into a pipeline for importation into the United States. In other words, a portion of the natural gas imported into the United States could have been produced through processing in which nonoriginating LNG imported into Canada was re-gasified in Canada. The LNG is classifiable under subheading 2711.11.00. Accordingly, the natural gas imported into the United States would be classified in a different subheading from any nonoriginating LNG, and the tariff shift rule, which provides for a change to subheading 2711.21 from any other subheading, would be met. Consequently, if the natural gas imported into the United States from Canada contained any nonoriginating LNG that was first re-gasified before being put into the pipeline in Canada, it would satisfy the applicable tariff shift rule." |
| Ruling Date: Sept. 30, 2021 |