Newly Released CBP HQ Rulings Nov. 10
The Customs Rulings Online Search System (CROSS) was updated on Nov. 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):
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H343827: Protest and Application for Further Review (AFR) No. 2704-22-163549; Classification of Imitation Jewelry
| Ruling: 7117.19.9000, “Imitation jewelry: Other: Other: Other.” |
| Issue: Whether the plastic enamel and metal jewelry pins are composite goods under GRI 3 of the Harmonized Tariff Schedule of the U.S., and if so, whether their essential character is imparted by the plastic component of subheading 7117.90.7500 or the metal component of subheading 7117.19.9000. |
| Item: Various styles of plastic enamel and metal jewelry pins imported by Target. The base metal constitutes 75% of the weight and value of the pins, and the enamel constitutes between 20% to 24% of the weight and the value of the pins. |
| Reason: In the instant case, the plastic enamel is applied to base metal pins to create graphic images. The subject jewelry pins more closely resemble the frog-shaped base metal and enamel pins in NY N325909, dated May 25, 2025, and the Lego mini-figure snap buttons made of base metal and enamel in N335991, dated Nov. 8, 2023. In both rulings, CBP determined that metal material provided the essential character of the composite articles and classified the products in subheading 7117.19.9000. In the present case, the balance of relevant factors supports a determination that the essential character of the jewelry pins is imparted by the base metal component. Relative to the overall weight value of the jewelry pins, both the weight and value of the metal predominates. Moreover, the metal gives shape to the design, and for some pins, highlights the space between the various colors. The metal is the indispensable component, and it is the component which plays the most significant role in terms of the article’s structure as a jewelry pin. |
| Ruling Date: Sept. 8, 2025 |
H320944: Protest and Application for Further Review (AFR) No. 5206-21-100466; Classification of Hotel and Restaurant Porcelain Tableware
| Ruling: 6911.10.1000 (2019), “Tableware, kitchenware, other household articles and toilet articles, of porcelain or china: Tableware and kitchenware: Hotel or restaurant ware and other ware not household ware.” The column one, general rate of duty is 25% ad valorem. |
| Issue: Whether the merchandise is properly classified as (1) hotel or restaurant tableware and kitchenware and other ware of porcelain not household ware, under 10-digit statistical reporting number 6911.10.1000, or (2) other tableware and kitchenware and other household articles of porcelain, under 10-digit statistical reporting number 6911.10.5200. |
| Item: Certain hotel and restaurant porcelain tableware imported by Front of the House (FOH) |
| Reason: The Protestant indicates that its merchandise (including instant merchandise) is recognized and celebrated by the hospitality and food service industries: “FOH is a global award-winning hospitality and food service brand.” The porcelain tableware under consideration is variously described as “durable, high-temperature porcelain” and “design[ed] for unique plating and serving applications.” Such descriptions are consistent with use in hotels and restaurants. Also, it is clear that the instant merchandise is designed, manufactured, promoted and marketed for use in hotels and restaurants. Furthermore, the porcelain tableware under consideration is variously described as “durable, high-temperature porcelain” and “design[ed] for unique plating and serving applications.” Such descriptions are consistent with use in hotels and restaurants. In view of the above, the record does not support or establish that the instant goods are a member of a class or kind of tableware that is principally used (i.e., use which exceeds any other single use) in a household. Rather, the evidence supports and establishes that the instant goods are a member of a class or kind of tableware that is principally used in hotels and restaurants. Thus, the instant goods cannot be classified as household tableware but must be classified as hotel and restaurant tableware. |
| Ruling Date: Sept. 8, 2025 |