Newly Released CBP HQ Rulings on Feb. 23
The Customs Rulings Online Search System (CROSS) was updated Feb. 23 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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H328536: Request to reconsider NYRL N327185; Classification of a personal hydrofoil
| Ruling: The hydrofoil at issue is properly classified under subheading 8903.99.91 as “Yachts and other vessels for pleasure or sports; row boats and canoes: Other: Other: Other.” |
| Issue: Is a hydrofoiler properly classified under subheading 9506.29 as an article/equipment for general exercise or other sport or under subheading 8903.99 as other vessels for pleasure or sports? |
| Item: A Manta5 Hydrofoiler SL3 e-Bike, which has all water terrain capabilities and made with the intention of building a new sport. It is equipped with an easy electric only launch, 10 levels of motor assistance, throttle override, up to 4 hours of ride time, a composite monocoque chassis with new floatation and mount ergonomics and carbon fiber or composite foils. |
| Reason: Note 1(q) to Chapter 95 excludes “[s]ports craft such as canoes and skiffs (chapter 89) ... .” If the subject Hydrofoiler is a sports craft like canoes and skiffs of heading 89.03, it is excluded from classification under heading 95.06. The definition of "vessel" used in the OED is not restrictive in its description that a vessel is “now usually” larger than a rowing boat and often restricted to seagoing craft or those plying upon larger rivers or lakes. |
| Ruling Date: Feb. 6, 2023 |
H328991: Request to void denial of protest pursuant to 19 U.S.C. §1515(d); Disassembly plant components consisting of an automotive industrial robot, gripper/handling arm, lifting stations, rack stations, electrical controllers, panels, steel structures/frames, rail systems, cables and parts thereof; Protest No. 1601-20-102190
| Ruling: The petition to void the denial of protest 1601-20-102190 under 19 U.S.C. 1515(d) is denied. |
| Issue: Should a petition to void a protest denial related to the classification of disassembly plant components be accepted? |
| Items: Disassembly plant components consist of an automotive industrial robot, gripper/handling arm, lifting stations, rack stations, electrical controllers, panels, steel structures/frames, rail systems, cables and parts thereof. |
| Reason: The statute of limitations for filing a summons at the U.S. Court of International Trade expired on Nov. 19, 2022. Because CBP may not alter the Court of International Trade’s jurisdiction by extending the time to file a summons challenging a protest denial, CBP has no authority to reconsider the denial of the protest. |
| Ruling Date: Jan. 23, 2023 |