Newly Released CBP HQ Rulings May 28
The Customs Rulings Online Search System (CROSS) was updated May 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):
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H329104: UKFTA Eligibility; Country of Origin; Section 301 Trade Remedy; SE Cables
| Ruling: (1) The service entry cables are eligible for preferential treatment under the UKFTA when imported into the U.S. from South Korea. (2) The country of origin of the SE cables for purposes of Section 301 trade remedies is Korea and no Section 301 duties apply. |
| Issue: (1) Are the SE cables imported into the U.S. from Korea eligible for preferential treatment under the UKFTA? (2) What is the origin of the SE cables for purposes of Section 301? |
| Item: The instant cables are SE cables constructed with AA-800 series aluminum alloy, compact stranded conductors. The cross-linked polyethylene insulation for the outside of the SE cables is rated for a maximum operation temperature of 90 degrees Celsius in wet and dry locations. In Korea, the 9.5 mm rough aluminum rod or rebar wire (electrical purpose) was drawn to the specified diameter of wire. The importer imported the SE cables from a manufacturer located in South Korea. The Korean manufacturer sourced aluminum rod or rebar wire from China to make the SE cables. The aluminum rod/wire is classified in subheading 7604.29, and the finished SE cables are classified in subheading 8544.49.90.. |
| Reason: (1) The nonoriginating aluminum rod/wire is classifiable in a heading other than 8544, so the rule of a change to subheading 8544.49 “from any other heading” is satisfied. (2) The processes in Korea together as described bring a sufficient change in character and use of the wire to result in its substantial transformation. |
| Ruling Date: March 28, 2024 |
H302563: Request to reconsider NY N299805, NY N299933, and NY N299937; Classification of electric facial cleansing devices
| Ruling: Foreo, Inc.’s LUNA 2, LUNA Mini 2 and LUNA fofo electric facial cleansing devices (EFCDs) are electromechanical domestic appliances with self-contained electric motors of heading 8509 by application of GRI 1. Specifically, they are properly classified under Harmonized Tariff Schedule subheading 8509.80.50 by application of GRI 6. NY N299805, NY N299933, and NY N299937 are affirmed. |
| Issue: Is the item classified in 8509 or 9019? |
| Item: The devices are battery-powered, hand-held facial cleaning brushes designed for cleansing and exfoliating the skin. Each device has a self-contained electric motor enclosed in a plastic housing with a control switch. The device's upper portion features a brush of plush silicone bristles of various lengths and patterns. The device, an instruction manual, a drawstring pouch and a USB charging cable are packaged together in a retail-ready cardboard box. |
| Reason: The scope of Harmonized Tariff Schedule heading 8509, we note that each of the EFCDs is an electromechanical device with a self-contained motor, used in the domestic setting, and weighing under 20 kg. The instant electric facial cleansing devices are prima facie classifiable, and properly classified, under heading 8509. |
| Ruling Date: May 24, 2024 |