U.S. Customs and Border Protection
◆
19 CFR PART 177
REVOCATION OF THREE RULING LETTERS AND
MODIFICATION OF ONE RULING LETTER, AND
REVOCATION OF TREATMENT RELATING TO THE
TARIFF CLASSIFICATION OF RADIO REMOTE
CONTROLLERS FOR VIDEO GAME CONSOLES
AGENCY: U.S. Customs and Border Protection, Department of
Homeland Security.
ACTION: Notice of revocation of three ruling letters and modifica-
tion of one ruling letter, and of revocation of treatment relating to the
tariff classification of radio remote controllers for video game con-
soles.
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.
§1625(c)), as amended by section 623 of title VI (Customs Modern-
ization) of the North American Free Trade Agreement Implementa-
tion Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises inter-
ested parties that U.S. Customs and Border Protection (CBP) is
revoking three ruling letters and modifying one ruling letter concern-
ing tariff classification of radio remote controllers for video game
consoles under the Harmonized Tariff Schedule of the United States
(HTSUS). Similarly, CBP is revoking any treatment previously ac-
corded by CBP to substantially identical transactions. Notice of the
proposed action was published in the Customs Bulletin, Vol. 52, No. 8,
on February 21, 2018. No comments were received in response to that
notice.
EFFECTIVE DATE: This action is effective for merchandise
entered or withdrawn from warehouse for consumption on or after
July 16, 2018.
FOR FURTHER INFORMATION CONTACT: Dwayne
Rawlings, Electronics, Machinery, Automotive and International
Nomenclature Branch, Regulations and Rulings, Office of Trade, at
(202) 325–0092.
1
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
SUPPLEMENTARY INFORMATION:
BACKGROUND
Current customs law includes two key concepts: informed compli-
ance and shared responsibility. Accordingly, the law imposes an obli-
gation on CBP to provide the public with information concerning the
trade community’s responsibilities and rights under the customs and
related laws. In addition, both the public and CBP share responsibil-
ity in carrying out import requirements. For example, under section
484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), the
importer of record is responsible for using reasonable care to enter,
classify and value imported merchandise, and to provide any other
information necessary to enable CBP to properly assess duties, collect
accurate statistics, and determine whether any other applicable legal
requirement is met.
Pursuant to 19 U.S.C. §1625(c)(1), a notice was published in the
Customs Bulletin, Vol. 52, No. 8, on February 21, 2018, proposing to
revoke three ruling letters and modify one ruling letter pertaining to
the tariff classification of radio remote controllers for video game
consoles. Any party who has received an interpretive ruling or deci-
sion (i.e., a ruling letter, internal advice memorandum or decision, or
protest review decision) on the merchandise subject to this notice
should have advised CBP during the comment period.
Similarly, pursuant to 19 U.S.C. §1625(c)(2), CBP is revoking any
treatment previously accorded by CBP to substantially identical
transactions. Any person involved in substantially identical transac-
tions should have advised CBP during the comment period. An im-
porter’s failure to advise CBP of substantially identical transactions
or of a specific ruling not identified in this notice may raise issues of
reasonable care on the part of the importer or its agents for impor-
tations of merchandise subsequent to the effective date of this notice.
In New York Ruling Letter (“NY”) L83006, dated April 22, 2005; NY
N118298, dated August 30, 2010; NY N143476, dated February 2,
2011; and NY M86614, dated October 11, 2006, CBP classified radio
remote controllers in heading 9504, HTSUS, specifically in subhead-
ing 9504.10.00, HTSUS, which provides for “Articles for arcade, table
or parlor games ...: Video games of a kind used with a television
receiver and parts and accessories thereof.” CBP has reviewed NY
L83006, NY N118298, NY 143476 and NY M86614, and has deter-
mined the ruling letters to be in error. It is now CBP’s position that
the radio remote controllers are properly classified, in heading 8526,
HTSUS, specifically in subheading 8526.92.10, HTSUS, which
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
provides for “Radar apparatus, radio navigational aid apparatus and
radio remote control apparatus: ...: Radio remote control apparatus
for video game consoles.”
Pursuant to 19 U.S.C. §1625(c)(1), CBP is revoking NY L83006, NY
N143476 and NY N118298, and modifying NY M86614, and revoking
or modifying any other ruling not specifically identified to reflect the
analysis contained in Headquarters Ruling Letter (“HQ”) H235178,
set forth as an attachment to this notice. Additionally, pursuant to 19
U.S.C. §1625(c)(2), CBP is revoking any treatment previously ac-
corded by CBP to substantially identical transactions.
In accordance with 19 U.S.C. §1625(c), this ruling will become
effective 60 days after publication in the Customs Bulletin.
Dated: April 19, 2018
G
REG CONNOR
for
M
YLES B. HARMON,
Director
Commercial and Trade Facilitation Division
Attachment
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
HQ H235178
April 19, 2018
CLA-2: OT:RR:CTF:TCM H235178 DSR
CATEGORY: Classification
TARIFF NO.: 8526.92.10
M
R. STEVEN W. BAKER
LAW OFFICES OF STEVEN W. BAKER
448 IGNACIO BOULEVARD #323
N
OVATO, CA 94949
RE: Revocation of NY L83006 (classification of a Nintendo “Wavebird”
Wireless Controller from China); Modification of NY M86614
(classification of a Wii controller from China); Revocation of NY
N118298 (classification of three video game components from China);
Revocation of NY N143476 (classification of a Wii compatible remote
controller from China)
D
EAR MR. BAKER:
This letter is in reference to four New York Ruling Letters (NY) in which
certain wireless video game controllers, or retail sets containing such con-
trollers, were classified under subheading 9504.10.00, Harmonized Tariff
Schedule of the United States (HTSUS), which covers parts and accessories
of video games of a kind used with a television receiver. The four rulings are
NY L83006 (April 22, 2005); NY M86614 (October 11, 2006); NY N118298
(August 30, 2010); and NY N143476 February 2, 2011). We have re-examined
those rulings and now believe that we incorrectly classified the subject ar-
ticles. This letter serves to revoke or modify the rulings, as explained below.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. §1625(c)(1)), as
amended by section 623 of Title VI, notice of the proposed revocations of NY
L83006, NY N118298 and NY N143476 , and modification of NY M86614, was
published in the Customs Bulletin, Volume 52, No. 8, on February 21, 2018.
CBP received no comments in response to the notice.
FACTS:
In NY L83006, the merchandise, labeled as the “Wavebird” controller, is a
wireless controller for the Nintendo Game Cube. The controller contains an
RF transmitter that sends joystick and button information to an RF receiver
that is designed to plug into the front of the Game Cube console. The con-
troller replaces standard controllers, and it allows people to play the Nin-
tendo Game Cube from anywhere in the room without wires.
In NY M86614, the merchandise at issue here, labeled as the “Wii” con-
troller, is a handheld, motion-sensitive wireless device. The controller con-
tains an RF transmitter that sends joystick and button information to control
a Wii video game console.
In NY N118298, the first item, the Snakebyte Premium Fitness Board
(White), item number SB90412, is designed to be used with the Nintendo Wii
video game system and is compatible with the Wii Fit video game and other
similar games that utilize the board’s technology. The Premium Fitness
Board acts as a game controller, similar in design and function to Nintendo’s
Balance Board, and contains four sensors that measure one’s weight and body
balance, necessary for proper playing of the video games, and then replicates
the body movements in the game. The Fitness Board, which connects wire-
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
lessly to the Wii via Bluetooth technology, emits a blue light on two sides
when activated and also has a small LCD screen which displays one’s weight
as well as a timer that measures one’s exercise duration. While providing a
display to show one’s weight may be informative, the item’s ability to measure
one’s weight is essential for proper game play. It is principally designed as a
video game device. The second item, the Snakebyte Premium Remote XL+,
item number SB905278, is also designed for use with the Nintendo Wii. The
item is packaged as a set containing a Wii compatible remote with motion
plus technology, two wrist straps, two rechargeable batteries and a generic
USB cable for charging the remote. The last item, the Snakebyte Premium
Bluetooth Controller, item number SB904714, is designed for use with Sony’s
PlayStation 3 (PS3) video game console. The item is packaged as a set
containing a PS3 compatible remote, two bonus clip-on triggers and a generic
USB cable for charging the remote.
In NY N143476, the product is a radio remote controller that is compatible
with the Wii console. The controller measures approximately 6” long x 1.5”
wide. The remote controller features a clear jacket skin, an attached wrist
strap and includes pointer, motion sensor and speaker functions. The item
will be packaged and sold in a hanging box.
ISSUE:
Whether the articles are properly classified under heading 9405, HTSUS,
as video game accessories or under heading 8526, HTSUS, as radio remote
control apparatus for video game consoles.
LAW AND ANALYSIS:
Merchandise imported into the United States is classified under the HT-
SUS. Tariff classification is governed by the principles set forth in the Gen-
eral Rules of Interpretation (GRIs). GRI 1 requires that classification be
determined first according to the terms of the heading of tariff schedule and
any relative section or chapter notes, and unless otherwise required, accord-
ing to the remaining GRIs taken in their appropriate order. The HTSUS
provisions under consideration in this case are as follows:
8526 Radar apparatus, radio navigational aid apparatus and radio
remote control apparatus:
Other:
8526.92 Radio remote control apparatus:
8526.92.10 Radio remote control apparatus for video
game consoles.
* * *
9504 Video game consoles and machines, articles for arcade, table
or parlor games, including pinball machines, bagatelle, bil-
liards and special tables for casino games; automatic bowling
alley equipment; parts and accessories thereof :
9504.50.00 Video game consoles and machines, other than those of
subheading 9504.30, and parts and accessories thereof.
* * * *
With particular regard to NY N118298, the Snakebyte Premium Fitness
Board is imported alone. However, the Snakebyte Premium Remote XL+ and
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
the Snakebyte Premium Bluetooth Controller are imported as retail sets
subject to GRI 3. Our position is unchanged that the essential character of
the Snakebyte Premium Remote XL+ set is imparted by the included Wii
remote, while the essential character of the Snakebyte Premium Bluetooth
Controller set is imparted by the included PS3 remote.
Note 3 to Chapter 95, HTSUS, states that “Subject to Note 1 [to Chapter 95,
HTSUS], parts and accessories which are suitable for use solely or principally
with articles of this chapter are to be classified with those articles.” However,
Note 1(m) to Chapter 95, HTSUS, states that the chapter does not cover, in
relevant part, “radio remote control apparatus (heading 8526).” Bluetooth
technology is based upon radio frequencies, and the subject controllers in
each of the rulings at issue employ Bluetooth technology to control video
game consoles. Applying Note 1(m) to Chapter 95, HTSUS, the controllers are
excluded from classification in Chapter 95 because they fit squarely within
the scope of eo nomine heading 8526, HTSUS, which provides for, in pertinent
part, “radio remote control apparatus.” They are specifically provided for
under subheading 8526.92.10, HTSUS, which covers “radio remote control
apparatus for video game consoles.”
HOLDING:
By application of GRI 1, the subject articles are classified in heading 8526,
HTSUS. Specifically, they are classified in subheading 8526.92.10, HTSUS,
which provides for “Radar apparatus, radio navigational aid apparatus and
radio remote control apparatus: Other: Radio remote control apparatus: Ra-
dio remote control apparatus for video game consoles.” The column one,
general rate of duty is “Free.”
Duty rates are provided for your convenience and subject to change. The
text of the most recent HTSUS and the accompanying duty rates are provided
at www.usitc.gov.
EFFECT ON OTHER RULINGS:
NY L83006, NY N118298 and NY N143476 are revoked in accordance with
this decision. NY M86614 is modified in accordance with this decision with
respect to the classification of the Wii controller. The classification of the
other item described therein remains unchanged.
Sincerely,
G
REG CONNOR
for
M
YLES B. HARMON,
Director
Commercial and Trade Facilitation Division
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
PROPOSED REVOCATION OF ONE RULING LETTER AND
REVOCATION OF TREATMENT RELATING TO THE
TARIFF CLASSIFICATION OF TACO TWIN-TEES
AGENCY: U.S. Customs and Border Protection, Department of
Homeland Security.
ACTION: Notice of proposed revocation of one ruling letter and
revocation of treatment relating to the tariff classification of Taco
Twin-Tees.
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.
§ 1625(c)), as amended by section 623 of title VI (Customs Modern-
ization) of the North American Free Trade Agreement Implementa-
tion Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises inter-
ested parties that U.S. Customs and Border Protection (CBP) intends
to revoke one ruling letter concerning the tariff classification of Taco
Twin-Tees under the Harmonized Tariff Schedule of the United States
(HTSUS). Similarly, CBP intends to revoke any treatment previously
accorded by CBP to substantially identical transactions. Comments
on the correctness of the proposed actions are invited.
DATE: Comments must be received on or before June 15, 2018.
ADDRESS: Written comments are to be addressed to U.S.
Customs and Border Protection, Office of Trade, Regulations and
Rulings, Attention: Trade and Commercial Regulations Branch, 90
K St., NE, 10th Floor, Washington, DC 20229–1177. Submitted
comments may be inspected at the address stated above during
regular business hours. Arrangements to inspect submitted
comments should be made in advance by calling Mr. Joseph Clark
at (202) 325–0118.
FOR FURTHER INFORMATION CONTACT: Nicholai
Diamond, Electronics, Machinery, Automotive, and International
Nomenclature Branch, Regulations and Rulings, Office of Trade, at
(202) 325–0292.
SUPPLEMENTARY INFORMATION:
BACKGROUND
Current customs law includes two key concepts: informed compli-
ance and shared responsibility. Accordingly, the law imposes an obli-
gation on CBP to provide the public with information concerning the
trade community’s responsibilities and rights under the customs and
related laws. In addition, both the public and CBP share responsibil-
ity in carrying out import requirements. For example, under section
8
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), the
importer of record is responsible for using reasonable care to enter,
classify and value imported merchandise, and to provide any other
information necessary to enable CBP to properly assess duties, collect
accurate statistics, and determine whether any other applicable legal
requirement is met.
Pursuant to 19 U.S.C. § 1625(c)(1), this notice advises interested
parties that CBP is proposing to revoke one ruling letter pertaining to
the tariff classification of Taco Twin-Tees. Although in this notice,
CBP is specifically referring to New York Ruling Letter (“NY”)
M82071, dated May 5, 2006 (Attachment A), this notice also covers
any rulings on this merchandise which may exist, but have not been
specifically identified. CBP has undertaken reasonable efforts to
search existing databases for rulings in addition to the one identified.
No further rulings have been found. Any party who has received an
interpretive ruling or decision (i.e., a ruling letter, internal advice
memorandum or decision, or protest review decision) on the merchan-
dise subject to this notice should advise CBP during the comment
period.
Similarly, pursuant to 19 U.S.C. § 1625(c)(2), CBP is proposing to
revoke any treatment previously accorded by CBP to substantially
identical transactions. Any person involved in substantially identical
transactions should advise CBP during this comment period. An
importer’s failure to advise CBP of substantially identical transac-
tions or of a specific ruling not identified in this notice may raise
issues of reasonable care on the part of the importer or its agents for
importations of merchandise subsequent to the effective date of the
final decision on this notice.
In NY M82071, CBP classified Taco Twin-Tees of ductile iron com-
positions in heading 7326, HTSUS, specifically subheading
7326.90.85 of the 2006 HTSUS, which provided for: “Other articles of
iron or steel: Other: Other: Other: Other.” In that ruling, CBP clas-
sified Taco Twin-Tees of bronze compositions in heading 7419, HT-
SUS, specifically in subheading 7419.99.50, HTSUS, which provides
for “Other articles of copper: Other: Other: Other: Other.” CBP has
reviewed NY M82071 and has determined the ruling letter to be in
error. It is now CBP’s position that Taco Twin-Tees of ductile iron are
properly classified in heading 7307, HTSUS, specifically in subhead-
ing 7307.19.30, HTSUS, which provides for “Tube or pipe fittings (for
example, couplings, elbows, sleeves), of iron or steel: Cast fittings:
Other: Ductile fittings.” It is also CBP’s position that Taco Twin-Tees
of bronze are classified in heading 7412, HTSUS, specifically in
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
subheading 7412.20.00, HTSUS, which provides “Copper tube or pipe
fittings (for example couplings, elbows, sleeves): Of copper alloys.”
Pursuant to 19 U.S.C. § 1625(c)(1), CBP is proposing to revoke NY
M82071 and to revoke or modify any other ruling not specifically
identified to reflect the analysis contained in the proposed Headquar-
ters Ruling Letter (“HQ”) HQ H291783, set forth as Attachment B to
this notice. Additionally, pursuant to 19 U.S.C. §1625(c)(2), CBP is
proposing to revoke any treatment previously accorded by CBP to
substantially identical transactions.
Before taking this action, consideration will be given to any written
comments timely received.
Dated: April 20, 2018
A
LLYSON MATTANAH
for
M
YLES B. HARMON,
Director
Commercial and Trade Facilitation Division
Attachments
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
ATTACHMENT A
NY M82071
May 5, 2006
CLA-2–73:RR:NC:N1:113 M82071
CATEGORY: Classification
TARIFF NO.: 7326.90.8587; 7419.99.5010
M
S. HEATHER GANLEY
TACO, INC.
1160 C
RANSTON STREET
CRANSTON, RI 02920
RE: The tariff classification of pipe fittings from Brazil and China
D
EAR MS GANLEY:
In your letter dated March 30, 2000, you requested a tariff classification
ruling.
The merchandise is the Taco Twin Tee, a single pipe fitting designed to
replace two primary circuit tees. They will be used primarily for industrial
applications in the fan coil industry in hotels and office buildings. The fittings
are suitable for sweat or grooved supply line pipe sizes from 1.25 inches to 6
inches NPT (National Pipe Thread). The Taco Twin Tee is available in bronze
or ductile iron.
The applicable subheading for the ductile iron Twin Tee from China will be
7326.90.8587, Harmonized Tariff Schedule of the United States (HTSUS),
which provides for other articles of iron or steel, other. The regular rate of
duty will be 2.9 percent ad valorem.
Articles classifiable under subheading 7326.90.8587, HTS, which are prod-
ucts of Brazil may be entitled to duty free treatment under the Generalized
System of Preferences (GSP) upon compliance with all applicable regulations.
The GSP is subject to modification and periodic suspension, which may affect
the status of your transaction at the time of entry for consumption or with-
drawal from warehouse. To obtain current information on GSP, check our
Web site at www.cbp.gov and search for the term “GSP”.
The applicable subheading for the bronze Twin Tee from China or Brazil
will be 7419.99.5010, Harmonized Tariff Schedule of the United States
(HTSUS), which provides for other articles of copper, other, other, other,
other, brass plumbing goods not elsewhere specified or included. The regular
rate of duty will be free.
Duty rates are provided for your convenience and are subject to change.
The text of the most recent HTSUS and the accompanying duty rates are
provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be
provided with the entry documents filed at the time this merchandise is
imported. If you have any questions regarding the ruling, contact National
Import Specialist James Smyth at 646–733–3018.
Sincerely,
R
OBERT B. SWIERUPSKI
Director,
National Commodity
Specialist Division
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
ATTACHMENT B
HQ H291783
CLA-2 OT:RR:CTF:EMAIN H291783 NCD
CATEGORY: Classification
TARIFF NO.: 7307.19.3060
M
S. HEATHER GANLEY
TACO, INC.
1160 C
RANSTON STREET
CRANSTON, RI 02920
RE: Revocation of NY M82071; Classification of Taco Twin-Tees
D
EAR MS. GANLEY:
This letter concerns New York Ruling Letter (NY) M82071, issued to you on
May 5, 2006 by U.S. Customs and Border Protection (CBP), concerning the
tariff classification of articles referred to commercially as “Taco Twin-Tee”
under the Harmonized Tariff Schedule of the United States (HTSUS). We
have reviewed NY M82071, determined that it is incorrect, and for the
reasons set forth below, are revoking the ruling.
FACTS:
The subject Taco Twin-Tees, which are either bronze or ductile iron in
composition, consist of main apertures intersected by two smaller “twin”
apertures at their centers so as to impart the appearance of “T” shapes (see
Figure 1).
1
The intersecting apertures are bifurcated to allow concurrent
bidirectional flow into and out of the main apertures. According to product
literature, the Taco Twin-Tees are designed for placement in hydroponic
piping systems, in which they function as a juncture connecting primary and
secondary circuits within the system. Specifically, the main aperture connects
the ends of primary circuit pipes, while the intersecting apertures connect the
end of a secondary circuit pipe to the main aperture (see Figure 2).
In NY M82071, the bronze Taco Twin-Tees were classified in heading 7419,
HTSUS, specifically subheading 7419.99.50, HTSUS, which provides for:
1
Brass is a metal alloy consisting of copper and zinc. See Brass Definition, OXFORD DICTION-
ARY https://en.oxforddictionaries.com/definition/brass (last visited March 6, 2018).
12
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
“Other articles of copper: Other: Other: Other: Other.” The ductile iron Taco
Twin-Tees were classified in heading 7326, HTSUS, specifically subheading
7326.90.85 of the 2006 HTSUS, which provided for: “Other articles of iron or
steel: Other: Other: Other: Other.” We note that subheading 7326.90.85,
HTSUS, was superseded by subheading 7326.90.86, HTSUS, as part of the
2017 revisions to the HTSUS, but that the provisions are substantively
identical.
ISSUE:
Whether the bronze Taco Twin-Tees are properly classified in heading
7412, HTSUS, as copper pipe fittings, or in heading 7419, HTSUS, as other
articles of copper, and whether the iron Taco Twin-Tees are properly classified
in heading 7307, HTSUS, as iron pipe fittings, or in heading 7326, HTSUS,
as other articles of iron.
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General
Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods
shall be determined according to the terms of the headings of the tariff
schedule and any relative section or chapter notes. In the event that the
goods cannot be classified solely on the basis of GRI 1, and if the headings and
legal notes do not otherwise require, the remaining GRIs 2 through 6 may
then be applied in order.
In understanding the language of the HTSUS, the Explanatory Notes
(ENs) of the Harmonized Commodity Description and Coding System, which
constitute the official interpretation of the HTSUS at the international level,
may be utilized. The ENs, although not dispositive or legally binding, provide
a commentary on the scope of each heading, and are generally indicative of
the proper interpretation of the HTSUS. See T.D. 89–80, 54 Fed. Reg. 35127
(August 23, 1989).
The HTSUS provisions under consideration, in pertinent part, are as fol-
lows:
7307 Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron
or steel
7326 Other articles of iron or steel
7412 Copper tube or pipe fittings (for example couplings, elbows, sleeves)
7419 Other articles of copper
Because both headings 7307 and 7412, HTSUS, apply to “pipe fittings,” we
initially consider the two headings in conjunction. See ClearCorrect Operat-
ing, LLC v. ITC, 810 F.3d 1283, 1294 (Fed. Cir. 2015) (“The Supreme Court
has consistently held that ‘identical words used in different parts of the same
act are intended to have the same meaning.’”). EN 73.07 provides, in relevant
part, as follows:
This heading covers fittings of iron or steel, mainly used for connecting
the bores of two tubes together, or for connecting a tube to some other
apparatus, or for closing the tube aperture...
* * *
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
This heading therefore includes flat flanges and flanges with forged col-
lars, elbows and bends and return bends, reducers, tees, crosses, caps and
plugs, lap joint stub-ends, fittings for tubular railings and structural
elements, off sets, multi-branch pieces, couplings or sleeves, clean out
traps, nipples, unions, clamps and collars.
EN 74.12 provides in relevant part, as follows:
The Explanatory Note to heading 73.07 applies, mutatis mutandis, to this
heading.
The term “pipe fitting” is not defined in the HTSUS. As such, it must be
construed in accordance with its common meaning, which may be ascertained
by reference to “standard lexicographic and scientific authorities” and to the
pertinent ENs. See GRK Can., Ltd. v. United States, 761 F.3d 1354, 1357
(Fed. Cir. 2014). According to various technical references and EN 73.07, the
latter of which guides classification in both heading 7307 and heading 7412,
pipe fittings denote articles used to connect pipes to each other and/or to
wholly separate apparatus. See L & B Prods. Corp. v. United States, 66 Cust.
Ct. 424, 429 (Cust. Ct. 1971) (citing Audels Mechanical Dictionary, Knight’s
New American Mechanical Dictionary and The Dictionary of Mechanical
Engineering in defining “pipe fitting” as “auxiliary pieces to the main pipe
system which is generally designed to transmit either a fluid or gas”); see also
GRK Canada, Ltd. v. United States, 761 F.3d 1354, 1358 (Fed. Cir. 2014)
(“Although an eo nomine provision generally describes the merchandise by
name, not by use, such a provision may be limited by use when the name
itself inherently suggests a type of use.”). Those authorities further indicate
that for purposes of tariff classification, pipe fittings include tees. See EN
73.07 (enumerating “tee” as an exemplar of a pipe fitting); see also HQ
H282279, dated July 6, 2017 (citing L & B Prods. Corp. v. United States, 66
Cust. Ct. at 429 (Cust. Ct. 1971) and Mitsubishi Int’l Corp. v. United States,
78 Cust. Ct. 4, 19–20 (Cust. Ct. 1977) in determining that tees fall within the
scope of “pipe fitting”).
2
As we determined in HQ H282279, pipe fittings also
include articles which function as tees, insofar as they combine or split fluid
streams among various pipe ends or apparatus intake, even if their construc-
tions vary somewhat from that of traditional tees.
Here, the Taco Twin-Tees do in fact combine and split the fluid streams
within the hydroponic systems in which they are placed. Specifically, one of
the two intersecting “twin” apertures diverts fluid from the primary circuit to
the secondary circuit, while the other simultaneously joins fluids of the two
circuits. As such, while the construction and operation of the articles may
vary from those of traditional tees, in that the “vertical” component of the tee
consists of two separate apertures that enable bi-directional fluid flow into
and out of the main aperture, it nevertheless retains the form of a tee
classifiable as a “pipe fitting” in headings 7307 and 7412, HTSUS. That the
article can be considered a “tee” is further reinforced by its commercial
designation as such. Moreover, that the articles are, by extension, classifiable
as pipe fittings is evident in their description as such in an official product
guide. See Taco Comfort Solutions, Hydroponic Accessories: Loadmatch
®
Taco Twin-Tee
®
(2006), available at http://www.taco-hvac.com/uploads/
FileLibrary/100–6.8.pdf (describing Taco Twin-Tee as “a patented single pipe
2
As noted in HQ H282279, Mitsubishi and L & B Prods. are highly instructive as to the
proper interpretation of heading 7307, HTSUS, insofar as they pertained to a provision of
the TSUS with substantially identical language.
14
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
fitting”). Because the Taco Twin-Tees are therefore describable as “pipe fit-
tings,” they are classified in heading 7307, HTSUS, or heading 7412, HTSUS,
according to their material composition.
HOLDING:
By application of GRI 1, the ductile iron Taco-Twin Tees are classified in
heading 7307, HTSUS. They are specifically classified in subheading
7307.19.3085, HTSUSA (Annotated), which provides for: “Tube or pipe fit-
tings (for example, couplings, elbows, sleeves), of iron or steel: Cast fittings;
Other: Ductile fittings: Other: Other.” The column one, general rate of duty is
5.6 percent ad valorem.
By application of GRI 1, the bronze Taco-Twin Tees are classified in head-
ing 7412, HTSUS. They are specifically classified in subheading
7412.20.0035, HTSUSA, which provides for “Copper tube or pipe fittings (for
example couplings, elbows, sleeves): Of copper alloys: Other: Of copper-zinc
base alloys (brass): Threaded: Other.” The column one, general rate of duty is
3.0 percent ad valorem.
Duty rates are provided for your convenience and subject to change. The
text of the most recent HTSUS and the accompanying duty rates are provided
on the World Wide Web at www.usitc.gov.
The merchandise in question may also be subject to antidumping duties or
countervailing duties. We note that the International Trade Administration
is not necessarily bound by a country of origin or classification determination
issued by CBP, with regard to the scope of antidumping orders or counter-
vailing duties. Written decisions regarding the scope of AD/CVD orders are
issued by the Import Administration in the Department of Commerce and are
separate from tariff classification and origin rulings issued by Customs and
Border Protection. The Import Administration can be contacted at http://
www.trade.gov/ia/ (click on “Contact Us”). A list of current AD/CVD cases at
the United States International Trade Commission can be viewed on its
website at http://www.usitc.gov (click on “Antidumping and countervailing
duty investigations”). AD/CVD deposit and liquidation messages can be
searched using ACE, the system of record for AD/CVD messages, or the
AD/CVD Search tool at http://addcvd.cbp.gov/index.asp?ac=home.
EFFECT ON OTHER RULINGS:
NY M82071, dated May 5, 2006, is hereby REVOKED.
Sincerely,
M
YLES B. HARMON,
Director
Commercial and Trade Facilitation Division
15
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
PROPOSED REVOCATION OF ONE RULING LETTER AND
REVOCATION OF TREATMENT RELATING TO THE
TARIFF CLASSIFICATION OF A BLUETOOTH WIRELESS
SPEAKER FROM THE PHILIPPINES
AGENCY: U.S. Customs and Border Protection, Department of
Homeland Security.
ACTION: Notice of proposed revocation of one ruling letter and
revocation of treatment relating to the tariff classification of a Blu-
etooth wireless speaker from the Philippines.
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.
§ 1625(c)), as amended by section 623 of title VI (Customs Modern-
ization) of the North American Free Trade Agreement Implementa-
tion Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises inter-
ested parties that U.S. Customs and Border Protection (CBP) intends
to revoke one ruling letter concerning the tariff classification of a
Bluetooth wireless speaker from the Philippines under the Harmo-
nized Tariff Schedule of the United States (HTSUS). Similarly, CBP
intends to revoke any treatment previously accorded by CBP to sub-
stantially identical transactions. Comments on the correctness of the
proposed actions are invited.
DATE: Comments must be received on or before June 15, 2018.
ADDRESS: Written comments are to be addressed to U.S.
Customs and Border Protection, Office of Trade, Regulations and
Rulings, Attention: Trade and Commercial Regulations Branch, 90
K St., NE, 10th Floor, Washington, DC 20229–1177. Submitted
comments may be inspected at the address stated above during
regular business hours. Arrangements to inspect submitted
comments should be made in advance by calling Mr. Joseph Clark
at (202) 325–0118.
FOR FURTHER INFORMATION CONTACT: Dwayne
Rawlings, Electronics, Machinery, Automotive, and International
Nomenclature Branch, Regulations and Rulings, Office of Trade, at
(202) 325–0092.
SUPPLEMENTARY INFORMATION:
BACKGROUND
Current customs law includes two key concepts: informed compli-
ance and shared responsibility. Accordingly, the law imposes an obli-
gation on CBP to provide the public with information concerning the
trade community’s responsibilities and rights under the customs and
16
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
related laws. In addition, both the public and CBP share responsibil-
ity in carrying out import requirements. For example, under section
484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), the
importer of record is responsible for using reasonable care to enter,
classify and value imported merchandise, and to provide any other
information necessary to enable CBP to properly assess duties, collect
accurate statistics, and determine whether any other applicable legal
requirement is met.
Pursuant to 19 U.S.C. § 1625(c)(1), this notice advises interested
parties that CBP is proposing to revoke one ruling letter pertaining to
the tariff classification of a Bluetooth wireless speaker from the Phil-
ippines. Although in this notice, CBP is specifically referring to New
York Ruling Letter (“NY”) N233202, dated October 2, 2012 (Attach-
ment A), this notice also covers any rulings on this merchandise
which may exist, but have not been specifically identified. CBP has
undertaken reasonable efforts to search existing databases for rul-
ings in addition to the one identified. No further rulings have been
found. Any party who has received an interpretive ruling or decision
(i.e., a ruling letter, internal advice memorandum or decision, or
protest review decision) on the merchandise subject to this notice
should advise CBP during the comment period.
Similarly, pursuant to 19 U.S.C. § 1625(c)(2), CBP is proposing to
revoke any treatment previously accorded by CBP to substantially
identical transactions. Any person involved in substantially identical
transactions should advise CBP during this notice period. An import-
er’s failure to advise CBP of substantially identical transactions or of
a specific ruling not identified in this notice may raise issues of
reasonable care on the part of the importer or its agents for impor-
tations of merchandise subsequent to the effective date of the final
decision on this notice.
In NY N233202, CBP classified a Bluetooth wireless speaker in
heading 8517, HTSUS, specifically in subheading 8517.62.00, which
provides for “Other apparatus for transmission or reception of voice,
images or other data, including apparatus for communication in a
wired or wireless network (such as a local or wide area network):
Machines for the reception, conversion and transmission or regenera-
tion of voice, images or other data, including switching and routing
apparatus: Other.” CBP has reviewed NY N233202 and has deter-
mined the ruling letter to be in error. It is now CBP’s position that the
device is properly classified, by operation of GRI 1, in heading 8518,
HTSUS, specifically in subheading 8518.22.00 which provides in per-
tinent part for “... loudspeakers, whether or not mounted in their
17
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
enclosures; ...: ... Loudspeakers, whether or not mounted in their
enclosures: ... Multiple loudspeakers, mounted in the same enclo-
sure.”
Pursuant to 19 U.S.C. § 1625(c)(1), CBP is proposing to revoke NY
N233202 and to revoke or modify any other ruling not specifically
identified to reflect the analysis contained in the proposed HQ
H281100, set forth as Attachment B to this notice. Additionally, pur-
suant to 19 U.S.C. § 1625(c)(2), CBP is proposing to revoke any
treatment previously accorded by CBP to substantially identical
transactions.
Before taking this action, consideration will be given to any written
comments timely received.
Dated: April 20, 2018
G
REG CONNOR
for
M
YLES B. HARMON,
Director
Commercial and Trade Facilitation Division
Attachments
18
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
ATTACHMENT A
N233202
October 2, 2012
CLA-2–85:OT:RR:NC:N1:109
CATEGORY: Classification
TARIFF NO.: 8517.62.0050
M
R. PASCALE PANIGHEL
EURO COMMUNICATION EQUIPMENTS
ROUTE DE FOIX D117
N
EVIAS 11500 FRANCE
RE: The tariff classification of a SuperTooth Disco 2 Bluetooth Wireless
Speaker from the Philippines
D
EAR MR. PANIGHEL:
In your letter dated September 11, 2012 you requested a tariff classification
ruling.
The merchandise subject to this ruling is a SuperTooth Disco 2 Bluetooth
wireless speaker. It contains a CSR8645 Bluetooth chip that enables it to
receive and transmit in the frequency range of 2.402–2.480 GHz. When
paired with other Bluetooth devices, the unit communicates with those Blu-
etooth devices using a time division duplex scheme that alternates transmis-
sion and reception functions, and thus uses the same antenna to transmit
and receive at different times. There is an internal BT radio, digital signal
processor, and audio codec that are used to receive and decode streamed
music from a mobile phone or any Bluetooth host device. There is also a
headset that can communicate with other Bluetooth products that support
AD2P/AVRCP Bluetooth profile. Contained within the SuperTooth Disco2
Bluetooth wireless speaker is an 8 cell nickel-metal hydride (NiMH) re-
chargeable battery, which can be charged by the 14 volt direct current (DC)
charging input. The SuperTooth Disco2 Bluetooth wireless speaker utilizes a
Bluetooth version 4.0, making it compatible to any Bluetooth enabled cellular
phone for up to 15 hours of talk time and up to 800 hours of standby time.
There are built-in buttons for adjustable volume, play/pause, and next/
previous music search. The Bluetooth chip contained within has a 3.3 volt
voltage regulation circuit, battery protection and a charging circuit.
The SuperTooth Disco2 Bluetooth wireless speaker is a composite machine
because it consists of several machines fitted together to form a whole (a
speaker, a CSR8645 Bluetooth chip, and a headset) which perform compli-
mentary functions described in different headings of Section XVI of the
Harmonized Tariff Schedule of the United States (HTSUS). In accordance
with Note 3 to Section XVI, composite machines are classified as if consisting
only of the component which performs the principal function. It is the opinion
of this office that the principal function of the SuperTooth Disco2 Bluetooth
wireless speaker is to receive and transmit radio signals to and from the cell
phones and Bluetooth enabled music playback devices to which they are
paired. The said function is performed by the CSR8645 Bluetooth chip, as a
transceiver, enabling hands-free telephony and communication with Blu-
etooth music devices. Transceivers are classified in subheading 8517.62,
which provides in part for transmission and reception apparatus... including
apparatus for communication in a wired or wireless network. While speaker
and headset are classified in heading 8518, that heading does not fully
19
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
describe the merchandise at issue because it does not account for transceiv-
ers. Since the transceiver (CSR8645 Bluetooth chip) enables the headset to
perform functions that distinguish it from the headsets classified in heading
8518, those functions being reception, transmission and decoding of streamed
music from a mobile phone or any Bluetooth host device, when paired with
other Bluetooth devices, the SuperTooth Disco2 Bluetooth wireless speaker is
classifiable within subheading 8517.62, as a transceiver.
The applicable subheading for the SuperTooth Disco2 Bluetooth wireless
speaker will be 8517.62.0050, Harmonized Tariff Schedule of the United
States (HTSUS), which provides for “Other apparatus for transmission or
reception of voice, images or other data, including apparatus for communi-
cation in a wired or wireless network (such as a local or wide area network):
Machines for the reception, conversion and transmission or regeneration of
voice, images or other data, including switching and routing apparatus:
Other.” The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change.
The text of the most recent HTSUS and the accompanying duty rates are
provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be
provided with the entry documents filed at the time this merchandise is
imported. If you have any questions regarding the ruling, contact National
Import Specialist Linda M. Hackett at (646) 733–3015.
Sincerely,
T
HOMAS J. RUSSO
Director
National Commodity Specialist Division
20
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
ATTACHMENT B
HQ H281100
CLA-2 OT:RR:CTF:TCM H281100 DSR
CATEGORY: Classification
TARIFF NO.: 8518.22.00
M
R. PASCALE PANIGHEL
EURO COMMUNICATION EQUIPMENTS
ROUTE DE FOIX D117
N
EVIAS 11500 FRANCE
RE: Revocation of NY N233202; tariff classification of SuperTooth Disco 2
Bluetooth Wireless Speaker from the Philippines
D
EAR MR. PANIGHEL:
In New York Ruling Letter (NY) N233202 (October 2, 2012), U.S. Customs
and Border Protection (CBP) classified a device identified as the “SuperTooth
Disco 2 Bluetooth Speaker” (hereinafter “Disco 2”) in subheading 8517.62.00,
Harmonized Tariff Schedule of the United States (HTSUS), which provides
for “Other apparatus for transmission or reception of voice, images or other
data, including apparatus for communication in a wired or wireless network
(such as a local or wide area network): Machines for the reception, conversion
and transmission or regeneration of voice, images or other data, including
switching and routing apparatus: Other.” Since NY N233202 was issued,
CBP has reviewed the ruling and determined that the classification provided
for the Disco 2 is incorrect and, therefore, NY N233202 must be revoked for
the reasons set forth in this ruling.
FACTS:
The Disco 2 is a device that houses, among other things, two loudspeakers
and a “bass reflex system,” or subwoofer. To enable connectivity, the Disco 2
also contains a CSR8645 Bluetooth chip that permits it to receive and trans-
mit in the frequency range of 2.402–2.480 GHz. When paired with other
Bluetooth devices, the unit communicates with those Bluetooth devices using
a time division duplex scheme that alternates transmission and reception
functions, and thus uses the same antenna to transmit and receive at differ-
ent times. There is an internal BT radio, digital signal processor, and audio
codec that are used to receive and decode streamed music from a mobile
phone or any Bluetooth host device. There is also a headset that can com-
municate with other Bluetooth products that support AD2P/AVRCP Blu-
etooth profile. Contained within the Disco2 is an 8 cell nickel-metal hydride
(NiMH) rechargeable battery, which can be charged by the 14 volt direct
current (DC) charging input. There are built-in buttons for adjustable vol-
ume, play/pause, and next/previous music search.
1
The Bluetooth chip con-
tained within has a 3.3 volt voltage regulation circuit, battery protection and
a charging circuit.
1
NY N233202 incorrectly stated that the Disco 2 is capable of up to 15 hours of talk time
(as a “speakerphone”) when paired with a Bluetooth enabled cellular phone. However, our
research indicates that the Disco 2 is not able to act as a speakerphone – it can only stream
music from such a phone.
21
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
ISSUE:
Whether the Disco 2 is classified under subheading 8517.62.00, HTSUS,
which provides for machines for the reception, conversion and transmission
or regeneration of voice, images or other data; subheading 8518.22.00, which
provides for multiple loudspeakers mounted in the same enclosure; or in
subheading 8519.89.30, which provides for other sound recording or sound
reproducing devices.
LAW AND ANALYSIS:
Classification under the HTSUS is determined in accordance with the
General Rules of Interpretation (GRIs). GRI 1 provides that the classification
of goods shall be determined according to the terms of the headings of the
tariff schedule and any relative section or chapter notes. In the event that the
goods cannot be classified solely on the basis of GRI 1, and if the headings and
legal notes do not otherwise require, the remaining GRIs 2 through 6 may
then be applied in order. In addition, in interpreting the HTSUS, the Ex-
planatory Notes (ENs) of the Harmonized Commodity Description and Cod-
ing System may be utilized. The ENs, although not dispositive or legally
binding, provide a commentary on the scope of each heading, and are gener-
ally indicative of the proper interpretation of the HTSUS. See T.D. 89–80, 54
Fed. Reg. 35127 (August 23, 1989). The HTSUS provisions under consider-
ation in this ruling are as follows:
8517 Telephone sets, including telephones for cellular networks or for
other wireless networks; other apparatus for the transmission
or reception of voice, images or other data, including apparatus
for communication in a wired or wireless network (such as a
local or wide area network), other than transmission or recep-
tion apparatus of heading 8443, 8525, 8527 or 8528; parts
thereof:
. . .
Other apparatus for transmission or reception of voice,
images or other data, including apparatus for communica-
tion in a wired or wireless network (such as a local or
wide area network):
. . .
8517.62.00 Machines for the reception, conversion and trans-
mission or regeneration of voice, images or other
data, including switching and routing apparatus
* * *
8518 Microphones and stands therefor; loudspeakers, whether or not
mounted in their enclosures; headphones and earphones,
whether or not combined with a microphone, and sets consisting
of a microphone and one or more loudspeakers; audio-frequency
electric amplifiers; electric sound amplifier sets; parts thereof:
. . .
Loudspeakers, whether or not mounted in their enclo-
sures:
. . .
8518.22.00 Multiple loudspeakers, mounted in the same enclo-
sure
* * *
22
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
8519 Sound recording or reproducing apparatus:
. . .
Other apparatus:
. . .
Other:
. . .
8519.89.30 Other
The EN to heading 85.17 provides, in pertinent part, the following:
This heading covers apparatus for the transmission or reception of speech
or other sounds, images or other data between two points by variation of
an electric current or optical wave flowing in a wired network or by
electromagnetic waves in a wireless network. The signal may be analogue
or digital. The networks, which may be interconnected, include telephony,
telegraphy, radio-telephony, radio-telegraphy, local and wide area net-
works.
...
(II) OTHER APPARATUS FOR TRANSMISSION OR RECEPTION OF
VOICE, IMAGES OR OTHER DATA, INCLUDING APPARATUS
FOR COMMUNICATION IN A WIRED OR WIRELESS NETWORK
(SUCH AS A LOCAL OR WIDE AREA NETWORK)
...
(F) Transmitting and receiving apparatus for radio-telephony and radio-
telegraphy.
This group includes:
(1) Fixed apparatus for radio-telephony and radio-telegraphy (transmit-
ters, receivers and transmitter-receivers). . . .
. . .
The EN to heading 85.18 provides, in pertinent part, the following:
This heading covers microphones, loudspeakers, headphones, earphones
and audio-frequency electric amplifiers of all kinds presented separately,
regardless of the particular purpose for which such apparatus may be
designed (e.g., telephone microphones, headphones and earphones, and
radio receiver loudspeakers).
The heading also covers electric sound amplifier sets.
. . .
(B) LOUDSPEAKERS, WHETHER OR NOT MOUNTED IN THEIR
ENCLOSURES
The function of loudspeakers is the converse of that of microphones: they
reproduce sound by converting electrical variations or oscillations from an
amplifier into mechanical vibrations which are communicated to the air.
. . .
Matching transformers and amplifiers are sometimes mounted together
with loudspeakers. Generally the electrical input signal received by loud-
speakers is in analogue form, however in some cases the input signal is in
23
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
digital format. Such loudspeakers incorporate digital to analogue convert-
ers and amplifiers from which the mechanical vibrations are communi-
cated to the air.
Loudspeakers may be mounted on frames, chassis or in cabinets of dif-
ferent types (often acoustically designed), or even in articles of furniture.
They remain classified in this heading provided the main function of the
whole is to act as a loudspeaker. Separately presented frames, chassis,
cabinets, etc., also fall in this heading provided they are identifiable as
being mainly designed for mounting loudspeakers; articles of furniture of
Chapter 94 designed to receive loudspeakers in addition to their normal
function remain classified in Chapter 94.
The heading includes loudspeakers designed for connection to an auto-
matic data processing machine, when presented separately.
. . .
The EN to heading 85.19 provides, in pertinent part, the following:
This heading covers apparatus for recording sound, apparatus for repro-
ducing sound and apparatus that is capable of both recording and repro-
ducing sound. Generally, sound is recorded onto or reproduced from an
internal storage device or media (e.g., magnetic tape, optical media,
semiconductor media or other media of heading 85.23).
. . .
(IV) OTHER APPARATUS USING MAGNETIC, OPTICAL OR SEMI-
CONDUCTOR MEDIA
The apparatus of this group may be portable. They may also be equipped
with, or designed to be attached to acoustic devices (loudspeakers, ear-
phones, headphones) and an amplifier.
. . .
As in N233202, we continue to hold that the Disco 2 performs two or more
complementary functions and that, therefore, Note 3 to Section XVI is appli-
cable. Note 3 to Section XVI, states the following:
Unless the context otherwise requires, composite machines consisting of
two or more machines fitted together to form a whole and other machines
designed for the purpose of performing two or more complementary or
alternative functions are to be classified as if consisting only of that
component or as being that machine which performs the principal func-
tion.
However, we no longer hold that that the principal function of the Disco 2
is to transmit and receive sounds or data. Specifically, we now believe that in
NY N233202, CBP incorrectly reasoned that the Bluetooth chip (i.e., the
component that imparts the transmission/reception functionality), rather
than the loudspeaker, performs the principal function of this composite ma-
chine. Instead, we now find that the Disco 2 compares in functionality to a
device that was the subject of H167260, issued before NY N233202 (on July
11, 2011), and that was classified in heading 8518 as a loudspeaker. In HQ
H167260, the subject device is described as a “Jambox.” It is a Bluetooth-
compliant wireless speaker with a built-in microphone. It is a portable device
that connects to laptops, smart phones, tablets and mp3 players through a
3.5mm stereo wire, or via wireless Bluetooth technology, which enables it to
play music stored on or streamed through such devices. When paired to a
24
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
mobile telephone via Bluetooth, the Jambox will also function as a “speak-
erphone” – i.e., a device that enables its user to command the paired mobile
telephone to dial calls, answer calls, and talk hands-free by broadcasting the
call.
In H167260, CBP correctly determined that the principal function of the
Jambox, which is functionally analogous to the Disco 2, is that of a loud-
speaker. Accordingly, H167260 correctly held that, by operation of Note 3 to
Section XVI, the Jambox is properly classifiable in subheading 8518.22.00,
covering loudspeakers. Like the Jambox of HQ H167260, the principal func-
tion of the Disco 2 is to act as a loudspeaker, regardless of the manner in
which that function is enabled by its Bluetooth capabilities. The Bluetooth
feature enables the speaker to wirelessly connect to the source of the audio
signals that the speaker converts into corresponding sounds. Thus, the Blu-
etooth feature functions essentially like a stereo wire, except it permits the
connection to be wireless. Regardless of whether loudspeakers such as the
Jambox or the Disco 2 are connected to the source of the audio signals by way
of a stereo wire, or wirelessly via the Bluetooth transmission/reception func-
tions, the principal function of such loudspeakers is not to connect to the
source of the signal, but rather to convert such signal into sound – that is, to
function as a loudspeaker. Accordingly, by operation of Note 3 to Section XVI
and because the Disco 2 principally functions as a loudspeaker, it is properly
classified under heading 8518, HTSUS, and not in heading 8517, which
covers machines for the transmission or reception of data. Moreover, because
the Disco 2 consists of multiple loudspeakers mounted in the same enclosure,
it is properly classifiable in subheading 8518.22.00.
We also note that because the Disco 2 is unable to record sound or read a
recorded file from an internal memory or from a USB flash memory device or
other removable solid-state non-volatile media, the Disco 2 is functionally
distinct from merchandise that is classifiable in heading 8519, which pro-
vides for sound recording or reproducing apparatus. In NY N133779 (Decem-
ber 17, 2010), for example, CBP considered a device identified as the “iHome
Airplay Wireless Stereo Speaker System with Rechargeable Battery” (Model
No. iW1). The device is described as being designed to play and control audio
files that it receives over a wireless (“Wi-Fi”) computer network. It is com-
posed of a Wi-Fi system that incorporates four built-in speakers, an audio
controller, an auxiliary input jack, a USB port, and a built-in rechargeable
lithium battery. It is designed to reproduce sound that it generates from
externally stored digital audio files. It can also play back music when physi-
cally connected to such devices as an Apple iPod, iPhone or iPad. Upon
connection to a wireless network, the device also receives digital audio files,
e.g., within an iTunes library, that it converts into audio signals, and then
amplifies and plays the audio through its four built-in speakers. The re-
chargeable, battery-operated device does not contain a tuner and is not
capable of recording. The product page for the device indicates that the device
“supports charging and local audio playback via USB using the USB sync
cable that comes with new iPods and iPhones.” [Emphasis added] See
https://www.ihomeaudio.com/iW1BC/. CBP classified the device as an
“other” sound recording or reproducing apparatus of subheading 8519.89.30,
HTSUS. Later, in HQ H234950, CBP affirmed the holding reached in NY
N133779 and provided comprehensive guidance regarding the proper inter-
pretation of the phrase “sound recording or reproducing” as contemplated by
heading 8519, HTSUS. Specifically, in HQ H234950 CBP explained that, in
25
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
accordance with the EN to heading 8519, a “sound-reproducing device” must
be able to read a recorded file either from an internal memory or from a
removable solid-state non-volatile medium, such as a USB flash memory
apparatus:
[T]he ENs define a “sound-recording or reproducing device” as including
one that functions by way of semiconductor media. Sound that is recorded
onto such a medium is done so as digital code converted from analogue
signal on the recording medium, and sound that is reproduced is done so
by reading such medium. The fact that the ENs allow for semiconductor
media to be either permanently installed in the apparatus or in the form
of removable solid-state non-volatile storage media means that sound can
be recorded onto an internal file or a removable solid state non-volatile
media, such as a USB flash memory apparatus. In order for a device to be
a sound-reproducing device, it must be able to read the recorded file, either
from an internal memory or from a removable solid-state non-volatile
media, such as a USB flash memory apparatus. See EN 85.19. [Emphasis
added]
This definition is in accordance with definitions of dictionaries and other
lexicographic sources. For example, the Oxford English Dictionary de-
fines “record” as “of a machine, instrument or device: to set down (a
message, reading, etc.) in some permanent form.” See www.oed.com. The
Oxford English Dictionary defines “reproduce” as “To relay (sound origi-
nating elsewhere) or replay (sound recorded on another occasion) by
electrical or mechanical means.... To produce again in the form of a copy.”
See www.oed.com. In addition, the McGraw-Hill Encyclopedia of Science
and Technology defines “sound recording” as “the technique of entering
sound, especially music, on a storage medium for playback at a subse-
quent time.” See McGraw-Hill Concise Encyclopedia of Science and Tech-
nology, 6th Ed., 2009 at 2197. This encyclopedia defines “sound-
reproducing systems,” in pertinent part, as:
Systems that attempt to reconstruct some or all of the audible
dimensions of an acoustic event that occurred elsewhere. A sound-
reproducing system includes the functions of capturing sounds with
microphones, manipulating those sounds using elaborate electronic
mixing consoles and signal processors, and then storing the sounds
for reproduction at later times and different places.
Id. at 2197.
A machine with a USB port allows a flash drive or other memory device
to be plugged directly into the machine [and] ... [t]he [products in ques-
tion], because they can read these files from the USB device, are sound-
reproducing devices. ... This conclusion is consistent with prior CBP
rulings, including NY N133779, to which you cited in support of this
reconsideration. See NY N133779; see also NY N182121, dated September
16, 2011 and NY N129141, dated November 16, 2010.
Unlike the devices considered in HQ H234950 and the rulings cited
therein, the instant Disco 2 is unable to record files either from an internal
memory or from a removable solid-state non-volatile media, nor can the Disco
2 reproduce said files – a requirement that must be met in order for the
devices to meet the relevant definition of “sound recording or reproducing”
devices. Accordingly, the Disco 2 is not classified as a sound recording or
reproducing device within the scope of heading 8519, HTSUS.
26
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
HOLDING:
By application of GRI 1 (Note 3 to Section XVI), the SuperTooth Disco 2
Bluetooth Wireless Speaker is classified in heading 8518, HTSUS, specifically
in subheading 8518.22.00, HTSUS, which provides in pertinent part for: “...
loudspeakers, whether or not mounted in their enclosures; ...: ... Loudspeak-
ers, whether or not mounted in their enclosures: ... Multiple loudspeakers,
mounted in the same enclosure.” The current column one, general rate of
duty is 2.4% ad valorem.
Duty rates are provided for your convenience and are subject to change.
The text of the most recent HTSUS and the accompanying duty rates are
provided at www.usitc.gov.
EFFECT ON OTHER RULINGS:
NY N233202, dated October 2, 2012, is revoked in accordance with this
decision.
Sincerely,
M
YLES B. HARMON,
Director
Commercial and Trade Facilitation Division
27
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
COPYRIGHT, TRADEMARK, AND TRADE NAME
RECORDATIONS
(NO. 3 2018)
AGENCY: U.S. Customs and Border Protection, Department of
Homeland Security.
SUMMARY: The following copyrights, trademarks, and trade names
were recorded with U.S. Customs and Border Protection in March
2018. The last notice was published in the CUSTOMS BULLETIN
Vol. 52, No. 15, April 11, 2018.
Corrections or updates may be sent to: Intellectual Property Rights
Branch, Regulations and Rulings, Office of Trade, U.S. Customs and
Border Protection, 90 K Street, NE., 10th Floor, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: LaVerne Watkins,
Paralegal Specialist, Intellectual Property Rights Branch, Regula-
tions & Rulings, Office of Trade, at (202) 325–0095.
Dated: April 11, 2018
C
HARLES R. STEUART
Chief,
Intellectual Property Rights Branch
Regulations & Rulings, Office of Trade
U.S. Customs and Border Protection
28
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
COP 18–00048 03/05/2018 03/05/2038 HATCHIMALS COLLEGGTIBLES SHELL
1.0.
Spin Master, Ltd. No
COP 18–00049 03/06/2018 03/06/2038 Super Mario Bros. Nintendo of America, Inc. No
COP 18–00050 03/12/2018 03/12/2038 MANCHESTER CITY Crest. Manchester City Football Club Limited (a
UK company), Transfer
No
COP 18–00051 03/15/2018 12/15/2018 Chatsworth 2-Tier Solar Fountain Smart Solar Inc. No
COP 18–00052 03/15/2018 03/15/2038 QUATRO VINE KEVIN NOH No
COP 18–00053 03/15/2018 03/15/2038 PURPLE PAISLEY PARK. Kevin Noh No
COP 18–00054 03/16/2018 09/16/2018 Twister Tracks School Bus Mindscope Products No
COP 18–00055 03/16/2018 03/16/2038 FLAMINGO IN TOWN. KEVIN NOH No
COP 18–00056 03/16/2018 03/16/2038 MERMAID IN TOWN. Kevin Noh No
COP 18–00057 03/16/2018 03/16/2038 Southwest Serape KEVIN NOH No
COP 18–00058 03/16/2018 03/16/2038 TURTLE AND ME KEVIN NOH No
COP 18–00059 03/16/2018 03/16/2038 COW IN TOWN KEVIN NOH No
COP 18–00060 03/16/2018 03/16/2038 JOYFUL HAPPY CAMPER KEVIN NOH No
COP 18–00061 03/16/2018 12/16/2018 Twister Tracks Safari Vehicle Mindscope Products No
COP 18–00062 03/21/2018 03/21/2038 Zebra head design ZIH Corp. No
TMK 01–00386 03/07/2018 03/13/2028 CHANEL CHANEL, INC. No
TMK 01–00386 03/07/2018 03/13/2028 CHANEL CHANEL, INC. No
TMK 02–00115 03/13/2018 03/16/2028 MINNESOTA TIMBERWOLVES AND DE-
SIGN
Minnesota Timberwolves Basketball Lim-
ited Partnership
No
TMK 02–00115 03/13/2018 03/16/2028 MINNESOTA TIMBERWOLVES AND DE-
SIGN
Minnesota Timberwolves Basketball Lim-
ited Partnership
No
TMK 02–00122 03/15/2018 04/20/2028 UTAH JAZZ AND DESIGN JAZZ BASKETBALL INVESTORS, INC. No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
29
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 02–00122 03/15/2018 04/20/2028 UTAH JAZZ AND DESIGN JAZZ BASKETBALL INVESTORS, INC. No
TMK 02–00659 03/16/2018 10/09/2022 CC CC CC CC andDesign COACH IP HOLDINGS LLC No
TMK 02–00659 03/16/2018 10/09/2022 CC CC CC CC andDesign COACH IP HOLDINGS LLC No
TMK 02–00948 03/21/2018 12/24/2022 CC CC CC CC and Design COACH IP HOLDINGS LLC No
TMK 02–00948 03/21/2018 12/24/2022 CC CC CC CC and Design COACH IP HOLDINGS LLC No
TMK 03–00585 03/15/2018 06/24/2028 VENTURA WHITES AND DESIGN Republic Tobacco L.P. No
TMK 03–00585 03/15/2018 06/24/2028 VENTURA WHITES AND DESIGN Republic Tobacco L.P. No
TMK 05–00190 03/05/2018 01/12/2025 ST. LOUIS RAMS THE LOS ANGELES RAMS, LLC No
TMK 05–00190 03/05/2018 01/12/2025 ST. LOUIS RAMS THE LOS ANGELES RAMS, LLC No
TMK 05–00260 03/16/2018 09/07/2024 TAMPA BAY BUCCANEERS BUCCANEERS TEAM LLC No
TMK 05–00260 03/16/2018 09/07/2024 TAMPA BAY BUCCANEERS BUCCANEERS TEAM LLC No
TMK 05–00356 03/20/2018 06/10/2028 Design Only (Cross and Shield) SWISS ARMY BRAND LTD. No
TMK 05–00356 03/20/2018 06/10/2028 Design Only (Cross and Shield) SWISS ARMY BRAND LTD. No
TMK 05–00357 03/16/2018 06/03/2028 Design Only (Cross and Shield) SWISS ARMY BRAND LTD. No
TMK 05–00357 03/16/2018 06/03/2028 Design Only (Cross and Shield) SWISS ARMY BRAND LTD. No
TMK 05–00419 03/20/2018 06/03/2028 Design Only (Cross and Shield) SWISS ARMY BRAND LTD. No
TMK 05–00419 03/20/2018 06/03/2028 Design Only (Cross and Shield) SWISS ARMY BRAND LTD. No
TMK 06–00819 03/05/2018 04/30/2026 ST. LOUIS RAMS THE LOS ANGELES RAMS, LLC No
TMK 06–00819 03/05/2018 04/30/2026 ST. LOUIS RAMS THE LOS ANGELES RAMS, LLC No
TMK 07–00123 03/13/2018 03/13/2028 THINSULATE 3M COMPANY No
TMK 07–00123 03/13/2018 03/13/2028 THINSULATE 3M COMPANY No
TMK 07–00450 03/21/2018 07/04/2026 DESIGN ONLY Auto Meter Products, Inc. No
TMK 07–00450 03/21/2018 07/04/2026 DESIGN ONLY Auto Meter Products, Inc. No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
30
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 07–00453 03/21/2018 04/24/2025 Phantom (Stylized) AUTO METER PRODUCTS, INC. No
TMK 07–00453 03/21/2018 04/24/2025 Phantom (Stylized) AUTO METER PRODUCTS, INC. No
TMK 07–00454 03/21/2018 07/16/2026 ULTRA-LITE (Stylized) AUTO METER PRODUCTS, INC. No
TMK 07–00454 03/21/2018 07/16/2026 ULTRA-LITE (Stylized) AUTO METER PRODUCTS, INC. No
TMK 07–00686 03/21/2018 06/27/2027 C2 Auto Meter Products, Inc. No
TMK 07–00686 03/21/2018 06/27/2027 C2 Auto Meter Products, Inc. No
TMK 07–00775 03/21/2018 11/09/2027 COACH COACH IP HOLDINGS LLC No
TMK 07–00775 03/21/2018 11/09/2027 COACH COACH IP HOLDINGS LLC No
TMK 07–00775 03/01/2018 11/09/2027 COACH COACH IP HOLDINGS LLC No
TMK 07–00885 03/21/2018 09/12/2027 DESIGN ONLY Auto Meter Products, Inc. No
TMK 07–00885 03/21/2018 09/12/2027 DESIGN ONLY Auto Meter Products, Inc. No
TMK 07–00916 03/12/2018 03/16/2028 MIDDLETON’S JOHN MIDDLETON CO. No
TMK 07–00916 03/12/2018 03/16/2028 MIDDLETON’S JOHN MIDDLETON CO. No
TMK 07–01137 03/21/2018 12/04/2027 Design Only (Cardinal Head) (Stylized) ARIZONA CARDINALS FOOTBALL
CLUB LLC
No
TMK 07–01137 03/21/2018 12/04/2027 Design Only (Cardinal Head) (Stylized) ARIZONA CARDINALS FOOTBALL
CLUB LLC
No
TMK 08–00155 03/20/2018 03/18/2028 ANGE OU DEMON LVMH FRAGRANCE BRANDS No
TMK 08–00155 03/20/2018 03/18/2028 ANGE OU DEMON LVMH FRAGRANCE BRANDS No
TMK 08–00223 03/12/2018 03/11/2028 COACH COACH IP HOLDINGS LLC No
TMK 08–00223 03/12/2018 03/11/2028 COACH COACH IP HOLDINGS LLC No
TMK 08–00522 03/21/2018 07/13/2024 CC CC CC CC COACH IP HOLDINGS LLC No
TMK 08–00522 03/21/2018 07/13/2024 CC CC CC CC COACH IP HOLDINGS LLC No
TMK 08–00617 03/08/2018 03/11/2028 DRAPER Draper, Inc. No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
31
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 08–00617 03/08/2018 03/11/2028 DRAPER Draper, Inc. No
TMK 08–00761 03/08/2018 03/18/2028 DRAPER Draper, Inc. No
TMK 08–00761 03/08/2018 03/18/2028 DRAPER Draper, Inc. No
TMK 08–00769 03/08/2018 03/11/2028 DRAPER Draper, Inc. No
TMK 08–00769 03/08/2018 03/11/2028 DRAPER Draper, Inc. No
TMK 08–01066 03/08/2018 03/11/2028 TOUCHBACK HairMarker LLC No
TMK 08–01066 03/08/2018 03/11/2028 TOUCHBACK HairMarker LLC No
TMK 08–01154 03/08/2018 05/26/2028 DOUBLE FLORAL CROSS DESIGN Chrome Hearts LLC No
TMK 08–01154 03/08/2018 05/26/2028 DOUBLE FLORAL CROSS DESIGN Chrome Hearts LLC No
TMK 08–01155 03/08/2018 05/26/2028 DESIGN ONLY (CELTIC CROSS DESIGN) Chrome Hearts LLC No
TMK 08–01155 03/08/2018 05/26/2028 DESIGN ONLY (CELTIC CROSS DESIGN) Chrome Hearts LLC No
TMK 08–01156 03/08/2018 05/26/2028 OVERLAPPING CROSS DESIGNS Chrome Hearts LLC No
TMK 08–01156 03/08/2018 05/26/2028 OVERLAPPING CROSS DESIGNS Chrome Hearts LLC No
TMK 08–01157 03/08/2018 06/18/2028 CHROME HEARTS AND DESIGN Chrome Hearts LLC No
TMK 08–01157 03/08/2018 06/18/2028 CHROME HEARTS AND DESIGN Chrome Hearts LLC No
TMK 08–01168 03/08/2018 05/19/2028 DESIGN ONLY (PLUS DESIGN) Chrome Hearts LLC No
TMK 08–01168 03/08/2018 05/19/2028 DESIGN ONLY (PLUS DESIGN) Chrome Hearts LLC No
TMK 08–01169 03/23/2018 12/22/2027 F & Design Fila Luxembourg S.à.r.L. No
TMK 08–01169 03/23/2018 12/22/2027 F & Design Fila Luxembourg S.à.r.L. No
TMK 08–01170 03/08/2018 05/26/2028 DESIGN ONLY (PLUS DESIGN) Chrome Hearts LLC No
TMK 08–01170 03/08/2018 05/26/2028 DESIGN ONLY (PLUS DESIGN) Chrome Hearts LLC No
TMK 08–01173 03/08/2018 05/19/2028 OVERLAPPING CROSS DESIGNS Chrome Hearts LLC No
TMK 08–01173 03/08/2018 05/19/2028 OVERLAPPING CROSS DESIGNS Chrome Hearts LLC No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
32
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 09–00113 03/05/2018 11/19/2027 COACH COACH IP HOLDINGS LLC No
TMK 09–00113 03/05/2018 11/19/2027 COACH COACH IP HOLDINGS LLC No
TMK 09–00445 03/05/2018 10/14/2027 DESIGN ONLY (Polo Player) PRL USA HOLDINGS, INC No
TMK 09–00445 03/05/2018 10/14/2027 DESIGN ONLY (Polo Player) PRL USA HOLDINGS, INC No
TMK 09–00709 03/15/2018 08/27/2028 PAPER + DESIGN TABLETOP & Design Paper & Design GmbH No
TMK 09–00709 03/15/2018 08/27/2028 PAPER + DESIGN TABLETOP & Design Paper & Design GmbH No
TMK 10–00523 03/16/2018 12/22/2019 COACH & Design COACH IP HOLDINGS LLC No
TMK 10–00523 03/16/2018 12/22/2019 COACH & Design COACH IP HOLDINGS LLC No
TMK 10–00524 03/16/2018 09/02/2018 COACH & Design COACH IP HOLDINGS LLC No
TMK 10–00524 03/16/2018 09/02/2018 COACH & Design COACH IP HOLDINGS LLC No
TMK 11–00084 03/12/2018 04/22/2028 WR AND DESIGN Casio Keisanki Kabushiki Kaisha No
TMK 11–00084 03/12/2018 04/22/2028 WR AND DESIGN Casio Keisanki Kabushiki Kaisha No
TMK 11–00587 03/09/2018 03/04/2028 H Design plus words HERMES INTERNATIONAL No
TMK 11–00587 03/09/2018 03/04/2028 H Design plus words HERMES INTERNATIONAL No
TMK 11–00678 03/06/2018 03/11/2028 URBAN ZEN Karan, Donna No
TMK 11–00678 03/06/2018 03/11/2028 URBAN ZEN Karan, Donna No
TMK 12–00551 03/21/2018 02/20/2028 XINGSIR UNIVERSAL PERCUSSION, INC. No
TMK 12–00551 03/21/2018 02/20/2028 XINGSIR UNIVERSAL PERCUSSION, INC. No
TMK 12–00895 03/08/2018 03/18/2028 HARLEY-DAVIDSON MOTORCYCLES and
Design
H-D U.S.A., LLC No
TMK 12–00895 03/08/2018 03/18/2028 HARLEY-DAVIDSON MOTORCYCLES and
Design
H-D U.S.A., LLC No
TMK 13–00957 03/21/2018 08/20/2028 TIFFANY & CO. TIFFANY (NJ) LLC No
TMK 13–00957 03/21/2018 08/20/2028 TIFFANY & CO. TIFFANY (NJ) LLC No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
33
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 13–01014 03/16/2018 04/13/2028 THE MULTIPLE (Stylized) SHISEIDO AMERICAS CORPORATION No
TMK 13–01014 03/16/2018 04/13/2028 THE MULTIPLE (Stylized) SHISEIDO AMERICAS CORPORATION No
TMK 14–00190 03/16/2018 12/14/2024 GOOGLE GOOGLE LLC No
TMK 14–00190 03/16/2018 12/14/2024 GOOGLE GOOGLE LLC No
TMK 14–00555 03/08/2018 03/10/2028 DESIGN ONLY (Zebra Stripes Design - 9
Stripes)
Tama Plastic Industry No
TMK 14–00555 03/08/2018 03/10/2028 DESIGN ONLY (Zebra Stripes Design - 9
Stripes)
Tama Plastic Industry No
TMK 14–01187 03/15/2018 02/12/2027 PROSCIUTTO DI PARMA CONSORZIO DEL PROSCIUTTO DI
PARMA
No
TMK 14–01187 03/15/2018 02/12/2027 PROSCIUTTO DI PARMA CONSORZIO DEL PROSCIUTTO DI
PARMA
No
TMK 14–01198 03/15/2018 02/12/2027 PARMA HAM CONSORZIO DEL PROSCIUTTO DI
PARMA
No
TMK 14–01198 03/15/2018 02/12/2027 PARMA HAM CONSORZIO DEL PROSCIUTTO DI
PARMA
No
TMK 14–01242 03/15/2018 02/12/2026 Parma and Design CONSORZIO DEL PROSCIUTTO DI
PARMA
No
TMK 14–01242 03/15/2018 02/12/2026 Parma and Design CONSORZIO DEL PROSCIUTTO DI
PARMA
No
TMK 16–00164 03/13/2018 09/22/2020 LIME CRIME LC BRANDS LLC No
TMK 16–00164 03/13/2018 09/22/2020 LIME CRIME LC BRANDS LLC No
TMK 16–00211 03/16/2018 05/28/2022 COACH COACH IP HOLDINGS LLC No
TMK 16–00211 03/16/2018 05/28/2022 COACH COACH IP HOLDINGS LLC No
TMK 16–00277 03/16/2018 09/02/2019 COACH COACH IP HOLDINGS LLC No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
34
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 16–00277 03/16/2018 09/02/2019 COACH COACH IP HOLDINGS LLC No
TMK 16–00279 03/16/2018 06/09/2019 COACH COACH IP HOLDINGS LLC No
TMK 16–00279 03/16/2018 06/09/2019 COACH COACH IP HOLDINGS LLC No
TMK 16–00298 03/21/2018 04/01/2028 INTELLINET NETWORK SOLUTIONS IC Intracom Holdings, LLC No
TMK 16–00298 03/21/2018 04/01/2028 INTELLINET NETWORK SOLUTIONS IC Intracom Holdings, LLC No
TMK 16–00394 03/13/2018 10/16/2023 VELVETINES LC BRANDS LLC No
TMK 16–00394 03/13/2018 10/16/2023 VELVETINES LC BRANDS LLC No
TMK 16–01007 03/05/2018 05/17/2025 SteamQ (stylized) NEXT UP CO., LTD. No
TMK 16–01007 03/05/2018 05/17/2025 SteamQ (stylized) NEXT UP CO., LTD. No
TMK 16–01117 03/21/2018 12/20/2026 Hangtag (Design) COACH IP HOLDINGS LLC No
TMK 16–01117 03/21/2018 12/20/2026 Hangtag (Design) COACH IP HOLDINGS LLC No
TMK 17–00169 03/15/2018 12/11/2027 THE DONALD J. TRUMP SIGNATURE
COLLECTION
DTTM OPERATIONS LLC No
TMK 17–00169 03/15/2018 12/11/2027 THE DONALD J. TRUMP SIGNATURE
COLLECTION
DTTM OPERATIONS LLC No
TMK 17–00863 03/21/2018 03/11/2028 DR. SCHOLL’S BAYER HEALTHCARE LLC No
TMK 17–00863 03/21/2018 03/11/2028 DR. SCHOLL’S BAYER HEALTHCARE LLC No
TMK 17–01338 03/12/2018 06/10/2028 TARTINE ET CHOCOLAT LVMH FRAGRANCE BRANDS No
TMK 17–01338 03/12/2018 06/10/2028 TARTINE ET CHOCOLAT LVMH FRAGRANCE BRANDS No
TMK 18–00159 03/01/2018 04/30/2028 SAMSARA SZKUTAK WINE VENTURES, LLC No
TMK 18–00160 03/05/2018 06/17/2025 ITAP iOttie Inc. No
TMK 18–00161 03/05/2018 05/16/2026 DESIGN ONLY (Toy vehicle track sets) Mindscope Products No
TMK 18–00162 03/05/2018 05/16/2026 DESIGN ONLY (Toy vehicle track sets) Mindscope Products No
TMK 18–00163 03/05/2018 05/27/2028 SPLY-350 adidas AG No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
35
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 18–00164 03/05/2018 11/19/2022 DAWN THE PROCTER & GAMBLE COMPANY No
TMK 18–00165 03/05/2018 07/07/2019 PEPTO The Procter & Gamble Company No
TMK 18–00166 03/05/2018 09/04/2023 AKG HARMAN INTERNATIONAL INDUS-
TRIES, INCORPORATED
No
TMK 18–00167 03/05/2018 05/16/2026 DESIGN ONLY (Toy vehicle track sets) Mindscope Products No
TMK 18–00168 03/06/2018 05/16/2026 DESIGN ONLY (Toy vehicle track sets) Mindscope Products No
TMK 18–00169 03/06/2018 05/06/2028 DESIGN ONLY (PopSockets Icon Logo) PopSockets LLC No
TMK 18–00170 03/08/2018 08/09/2027 BOOBOOBOX Hutzler Manufacturing Company, Inc. No
TMK 18–00171 03/08/2018 05/16/2019 SANO Sano-Brunos Enterprises Ltd. No
TMK 18–00172 03/08/2018 07/28/2025 Design Only (Football Helmet with a 5-point
star)
Dallas Cowboys Football Club, Ltd. No
TMK 18–00173 03/08/2018 11/14/2022 XXIO (STYLIZED) DUNLOP SPORTS CO. LTD. No
TMK 18–00174 03/08/2018 02/01/2026 Design Only (Football Helmet with a Ram’s
Horn)
THE LOS ANGELES RAMS, LLC No
TMK 18–00175 03/12/2018 11/29/2027 JETS New York Jets LLC No
TMK 18–00176 03/12/2018 11/17/2024 PROENZA SCHOULER PROENZA SCHOULER, LLC No
TMK 18–00177 03/12/2018 07/08/2024 M.C.F.C. SUPERBIA IN PROELIO and DE-
SIGN
MANCHESTER CITY FOOTBALL CLUB No
TMK 18–00178 03/12/2018 11/15/2027 MANCHESTER CITY 1894 & Design Manchester City Football Club Limited No
TMK 18–00179 03/12/2018 07/18/2027 DESIGN ONLY (Square Reader Audio plug) Square, Inc. No
TMK 18–00180 03/12/2018 12/17/2023 WAFF Boudaeva, Kristina No
TMK 18–00181 03/12/2018 10/29/2024 TARTE Tarte, Inc. No
TMK 18–00182 03/12/2018 05/27/2028 PENSIMPLE JAEB DESIGNS INC No
TMK 18–00183 03/13/2018 12/11/2021 BALENCIAGA (Stylized) BALENCIAGA No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
36
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 18–00184 03/13/2018 06/18/2028 FREE LAY MITCHELL, DANIEL PAUL No
TMK 18–00185 03/13/2018 03/27/2027 MODA Royal Brush Manufacturing, Inc. No
TMK 18–00186 03/13/2018 01/10/2028 SPC Mitchell, Daniel P. No
TMK 18–00187 03/13/2018 03/27/2027 MODA & Design Royal Brush Manufacturing, Inc. No
TMK 18–00188 03/13/2018 08/26/2025 COACH NEW YORK and DESIGN COACH IP HOLDINGS LLC No
TMK 18–00189 03/13/2018 06/14/2027 B. BALENCIAGA PARIS (Stylized) BALENCIAGA No
TMK 18–00190 03/15/2018 05/26/2023 COACH EST. 1941 NEW YORK & Design COACH IP HOLDINGS LLC No
TMK 18–00191 03/15/2018 08/26/2025 COACH NEW YORK & Design COACH IP HOLDINGS LLC No
TMK 18–00192 03/15/2018 08/26/2025 COACH NEW YORK & Design COACH IP HOLDINGS LLC No
TMK 18–00193 03/15/2018 08/26/2025 COACH NEW YORK & Design COACH IP HOLDINGS LLC No
TMK 18–00194 03/15/2018 07/05/2021 PROENZA SCHOULER Proenza Schouler, LLC No
TMK 18–00195 03/15/2018 04/09/2028 VIGNA MONTEBELLO SETTE Tolaini Societa’ Agricola S.R.L. No
TMK 18–00196 03/15/2018 04/09/2028 VALLENUOVA Tolaini Societa’ Agricola S.R.L. No
TMK 18–00197 03/15/2018 04/09/2028 TOLAINI & Design (Stylized) Tolaini Societa’ Agricola S.R.L No
TMK 18–00198 03/15/2018 04/02/2028 VALDISANTI Tolaini Societa’ Agricola S.R.L No
TMK 18–00199 03/15/2018 04/02/2028 AL PASSO Tolaini Societa’ Agricola S.R.L No
TMK 18–00200 03/15/2018 04/09/2028 DONNA LAURA Donna Laura S.R.L. No
TMK 18–00201 03/15/2018 08/23/2027 ALTA Fitbit, Inc. No
TMK 18–00202 03/15/2018 05/14/2027 FITBIT CHARGE FITBIT, INC. No
TMK 18–00203 03/16/2018 04/30/2028 BE SMART GET PREPARED Total Resources International No
TMK 18–00204 03/16/2018 11/02/2026 FITBIT SURGE FITBIT, INC. No
TMK 18–00205 03/16/2018 06/14/2027 FITBIT BLAZE Fitbit, Inc. No
TMK 18–00206 03/16/2018 04/17/2027 Overlapping circle design TEMPUR WORLD, LLC No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
37
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 18–00207 03/16/2018 09/20/2027 Y design TEMPUR WORLD, LLC No
TMK 18–00208 03/16/2018 03/27/2027 Design Only (Arch design) TEMPUR WORLD, LLC No
TMK 18–00209 03/16/2018 10/09/2023 CC CC CC CC (Stylized) COACH IP HOLDINGS LLC No
TMK 18–00210 03/16/2018 01/03/2028 V and DESIGN (Knight Helmet logo) BLACK KNIGHT SPORTS AND ENTER-
TAINMENT LLC
No
TMK 18–00211 03/16/2018 08/26/2025 COACH NEW YORK & Design COACH IP HOLDINGS LLC No
TMK 18–00212 03/20/2018 02/08/2022 United States Mint and Design (graphic
logo)
United States Department of the Treasury No
TMK 18–00213 03/20/2018 06/06/2020 UNITED STATES MINT DEPARTMENT OF THE TREASURY,
U.S. MINT
No
TMK 18–00214 03/20/2018 05/27/2028 POWER EAR GAJSTUT, ENRIQUE (INDIVIDUAL) No
TMK 18–00215 03/20/2018 05/11/2024 GERBER and Design Fiskars Brands, Inc. No
TMK 18–00216 03/21/2018 06/11/2028 DUNHILL (Stylized) Alfred Dunhill Limited No
TMK 18–00217 03/21/2018 09/20/2027 SWANSEA CITY AFC (Stylized) and Design The Swansea City Association Football
Club Limited
No
TMK 18–00218 03/21/2018 01/09/2028 YOU’LL NEVER WALK ALONE LIVER-
POOL FOOTBALL CLUB EST.1892 and De-
sign
THE LIVERPOOL FOOTBALL CLUB
AND ATHLETIC GROUNDS LIMITED
No
TMK 18–00219 03/21/2018 05/10/2025 NEWCASTLE UNITED and Design Newcastle United Football Company Lim-
ited
No
TMK 18–00220 03/21/2018 03/09/2019 TOTTENHAM HOTSPUR and Design Tottenham Hotspur Limited Incorporated No
TMK 18–00221 03/21/2018 10/05/2026 WEST HAM UNITED LONDON and Design West Ham United Football Club Limited No
TMK 18–00222 03/21/2018 03/26/2028 KANEFUKU and Design Kamerycah, Inc. No
TMK 18–00223 03/21/2018 05/20/2028 DESIGN ONLY (KANEFUKU in Japanese
hiragana letters)
Kamerycah, Inc. No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
38
CBP IPR RECORDATION — MARCH 2018
Recordation
No.
Effective
Date
Expiration
Date
Name of Cop/Tmk/Tnm Owner Name GM
Restricted
TMK 18–00224 03/21/2018 04/16/2028 STEALTH Victory Grips, LLC No
TMK 18–00225 03/21/2018 08/29/2027 FORTIFLORA Societe des Produits Nestle S.A. No
TMK 18–00226 03/21/2018 06/13/2028 CHEEKY BOY Foong, Kaye Yeen TA Cheeky Boy Sauces No
TMK 18–00227 03/21/2018 04/16/2028 VICTORY GRIPS Victory Grips, LLC No
TMK 18–00228 03/23/2018 01/24/2028 INSIDE IMPACT Matter Unlimited LLC No
TMK 18–00229 03/23/2018 10/17/2027 Design Only (Stylized Falcon) Atlanta Falcons Football CLub, LLC No
TMK 18–00230 03/23/2018 01/31/2028 XPA X-Ray Professional Association No
TMK 18–00231 03/23/2018 03/30/2025 DESIGN ONLY (Trade dress design of a
square with four octagons, one in each quad-
rant)
Tri-Lynx Corporation No
TMK 18–00232 03/23/2018 02/14/2028 TAPS TO RICHES Game Circus LLC No
TMK 18–00233 03/23/2018 01/24/2028 BOOMERING BRINGING THE BUSINESS
BACK TOYOU. & Design
TJ Kraft, Ltd. DBA BoomeRing No
TMK 18–00234 03/23/2018 01/17/2028 TUBSTER Revolution Recovery No
TMK 18–00235 03/23/2018 07/05/2026 TORY SPORT River Light V, L.P. No
TMK 18–00236 03/23/2018 10/26/2021 VIAIR VIAIR CORPORATION No
TMK 18–00237 03/23/2018 05/12/2028 HANDLE-ALL (Stylized) Bloomfield Manufacturing Company, Inc. No
TMK 18–00238 03/23/2018 11/22/2027 MILLBROOKE LTL Wholesale, Inc. No
TMK 18–00239 03/23/2018 11/11/2025 COLOURPOP COLOURPOP COSMETICS, LLC No
TMK 18–00240 03/23/2018 11/30/2024 VIAIR Your Vital Air Source & Design VIAIR Corporation No
TMK 90–00090 03/08/2018 12/06/2019 PENDLETON (Stylized) PENDLETON WOOLEN MILLS, INC. No
TMK 90–00090 03/08/2018 12/06/2019 PENDLETON (Stylized) PENDLETON WOOLEN MILLS, INC. No
TMK 92–00131 03/15/2018 05/23/2028 LOS ANGELES LAKERS AND DESIGN THE LOS ANGELES LAKERS, INC. No
TMK 92–00131 03/15/2018 05/23/2028 LOS ANGELES LAKERS AND DESIGN THE LOS ANGELES LAKERS, INC. No
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
39
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
QUARTERLY IRS INTEREST RATES USED IN
CALCULATING INTEREST ON OVERDUE ACCOUNTS AND
REFUNDS ON CUSTOMS DUTIES
AGENCY: U.S. Customs and Border Protection, Department of
Homeland Security.
ACTION: General notice.
SUMMARY: This notice advises the public that the quarterly Inter-
nal Revenue Service interest rates used to calculate interest on over-
due accounts (underpayments) and refunds (overpayments) of cus-
toms duties will increase from the previous quarter. For the calendar
quarter beginning April 1, 2018, the interest rates for overpayments
will be 4 percent for corporations and 5 percent for non-corporations,
and the interest rate for underpayments will be 5 percent for both
corporations and non-corporations. This notice is published for the
convenience of the importing public and U.S. Customs and Border
Protection personnel.
DATES: The rates announced in this notice are applicable as of
April 1, 2018.
FOR FURTHER INFORMATION CONTACT: Bruce W. Ingalls,
Revenue Division, Collection and Refunds Branch, 6650 Telecom
Drive, Suite #100, Indianapolis, Indiana 46278; telephone (317)
298–1107.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to 19 U.S.C. 1505 and Treasury Decision 85–93, pub-
lished in the Federal Register on May 29, 1985 (50 FR 21832), the
interest rate paid on applicable overpayments or underpayments of
customs duties must be in accordance with the Internal Revenue
Code rate established under 26 U.S.C. 6621 and 6622. Section 6621
provides different interest rates applicable to overpayments: One for
corporations and One for non-corporations.
The interest rates are based on the Federal short-term rate and
determined by the Internal Revenue Service (IRS) on behalf of the
Secretary of the Treasury on a quarterly basis. The rates effective for
a quarter are determined during the first-month period of the previ-
ous quarter.
In Revenue Ruling 2018–07, the IRS determined the rates of inter-
est for the calendar quarter beginning April 1, 2018, and ending on
June 30, 2018. The interest rate paid to the Treasury for underpay-
ments will be the Federal short-term rate (2%) plus three percentage
40
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
points (3%) for a total of five percent (5%) for both corporations and
non-corporations. For corporate overpayments, the rate is the Federal
short-term rate (2%) plus two percentage points (2%) for a total of
four percent (4%). For overpayments made by non-corporations, the
rate is the Federal short-term rate (2%) plus three percentage points
(3%) for a total of five percent (5%). These interest rates used to
calculate interest on overdue accounts (underpayments) and refunds
(overpayments) of customs duties are the same from the previous
quarter. These interest rates are subject to change for the calendar
quarter beginning July 1, 2018, and ending September 30, 2018.
For the convenience of the importing public and U.S. Customs and
Border Protection personnel the following list of IRS interest rates
used, covering the period from July of 1974 to date, to calculate
interest on overdue accounts and refunds of customs duties, is pub-
lished in summary format.
Beginning date Ending
date
Under-
payments
(percent)
Over-
payments
(percent)
Corporate
overpay-
ments
(eff.
1–1–99)
(percent)
070174............................................... 063075 6 6 ..................
070175............................................... 013176 9 9 ..................
020176............................................... 013178 7 7 ..................
020178............................................... 013180 6 6 ..................
020180............................................... 013182 12 12 ..................
020182............................................... 123182 20 20 ..................
010183............................................... 063083 16 16 ..................
070183............................................... 123184 11 11 ..................
010185............................................... 063085 13 13 ..................
070185............................................... 123185 11 11 ..................
010186............................................... 063086 10 10 ..................
070186............................................... 123186 9 9 ..................
010187............................................... 093087 9 8 ..................
100187............................................... 123187 10 9 ..................
010188............................................... 033188 11 10 ..................
040188............................................... 093088 10 9 ..................
100188............................................... 033189 11 10 ..................
040189............................................... 093089 12 11 ..................
100189............................................... 033191 11 10 ..................
040191............................................... 123191 10 9 ..................
010192............................................... 033192 9 8 ..................
040192............................................... 093092 8 7 ..................
100192............................................... 063094 7 6 ..................
41
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
Beginning date Ending
date
Under-
payments
(percent)
Over-
payments
(percent)
Corporate
overpay-
ments
(eff.
1–1–99)
(percent)
070194............................................... 093094 8 7 ..................
100194............................................... 033195 9 8 ..................
040195............................................... 063095 10 9 ..................
070195............................................... 033196 9 8 ..................
040196............................................... 063096 8 7 ..................
070196............................................... 033198 9 8 ..................
040198............................................... 123198 8 7 ..................
010199............................................... 033199 7 7 6
040199............................................... 033100 8 8 7
040100............................................... 033101 9 9 8
040101............................................... 063001 8 8 7
070101............................................... 123101 7 7 6
010102............................................... 123102 6 6 5
010103............................................... 093003 5 5 4
100103............................................... 033104 4 4 3
040104............................................... 063004 5 5 4
070104............................................... 093004 4 4 3
100104............................................... 033105 5 5 4
040105............................................... 093005 6 6 5
100105............................................... 063006 7 7 6
070106............................................... 123107 8 8 7
010108............................................... 033108 7 7 6
040108............................................... 063008 6 6 5
070108............................................... 093008 5 5 4
100108............................................... 123108 6 6 5
010109............................................... 033109
5 5 4
040109............................................... 123110 4 4 3
010111 ............................................... 033111 3 3 2
040111 ............................................... 093011 4 4 3
100111 ............................................... 033116 3 3 2
040116............................................... 033118 4 4 3
040118............................................... 063018 5 5 4
Dated: April 23, 2018.
S
AMUEL D. GRABLE,
Assistant Commissioner and
Chief Financial Officer,
Office of Finance.
[Published in the Federal Register, May 2, 2018 (83 FR 19292)]
42
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
ACCREDITATION AND APPROVAL OF SAYBOLT LP (ST.
ROSE, LA) AS A COMMERCIAL GAUGER
AGENCY: U.S. Customs and Border Protection, Department of
Homeland Security.
ACTION: Notice of accreditation and approval of Saybolt LP (St.
Rose, LA), as a commercial gauger.
SUMMARY: Notice is hereby given, pursuant to CBP regulations,
that Saybolt LP (St. Rose, LA), has been approved to gauge petroleum
and certain petroleum products for customs purposes for the next
three years as of June 13, 2017.
DATES: Saybolt LP (St. Rose, LA) was approved and accredited as
a commercial gauger and laboratory as of June 13, 2017. The next
triennial inspection date will be scheduled for June 2020.
FOR FURTHER INFORMATION CONTACT: Christopher J.
Mocella, Laboratories and Scientific Services Directorate, U.S.
Customs and Border Protection, 1300 Pennsylvania Avenue NW,
Suite 1500N, Washington, DC 20229, tel. 202–344–1060.
SUPPLEMENTARY INFORMATION: Notice is hereby given
pursuant to 19 CFR 151.13, that Saybolt LP, 190 James Drive
East, Suite 110, St. Rose, LA 70087, has been approved to gauge
petroleum and certain petroleum products for customs purposes, in
accordance with the provisions of 19 CFR 151.13. Saybolt LP (St.
Rose, LA), is approved for the following gauging procedures for
petroleum and certain petroleum products from the American
Petroleum Institute (API):
API Chapters Title
3 ........................ Tank gauging.
7 ........................ Temperature determination.
8 ........................ Sampling.
11 ...................... Physical Properties Data.
12 ...................... Calculations.
17 ...................... Maritime measurement.
Anyone wishing to employ this entity to conduct gauger services
should request and receive written assurances from the entity that it
is approved by the U.S. Customs and Border Protection to conduct the
specific gauger service requested. Alternatively, inquiries regarding
the specific gauger service this entity is approved to perform may be
directed to the U.S. Customs and Border Protection by calling (202)
43
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
344–1060. The inquiry may also be sent to CBPGaugersLabs@
cbp.dhs.gov. Please reference the website listed below for a complete
listing of CBP approved gaugers and accredited laboratories.
http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-
laboratories.
Dated: April 25, 2018.
D
AVE FLUTY,
Executive Director,
Laboratories and Scientific Services.
[Published in the Federal Register, May 2, 2018 (83 FR 19296)]
44
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
NOTICE OF ISSUANCE OF FINAL DETERMINATION
CONCERNING GYROCOMPASSES
AGENCY: U.S. Customs and Border Protection, Department of
Homeland Security.
ACTION: Notice of final determination.
SUMMARY: This document provides notice that U.S. Customs and
Border Protection (‘‘CBP’’) has issued a final determination concern-
ing the country of origin of certain gyrocompasses. Based upon the
facts presented, CBP has concluded that the country of origin of the
gyrocompasses is the United States for purposes of U.S. Government
procurement.
DATES: This final determination was issued on April 24, 2018. A
copy of the final determination is attached. Any party-at-interest,
as defined in 19 CFR 177.22(d), may seek judicial review of this
final determination within June 1, 2018.
FOR FURTHER INFORMATION CONTACT: Ross M.
Cunningham, Valuation and Special Programs Branch, Regulations
and Rulings, Office of Trade, (202) 325–0034.
SUPPLEMENTARY INFORMATION: Notice is hereby given
that on April 24, 2018, pursuant to subpart B of Part 177, U.S.
Customs and Border Protection Regulations (19 CFR part 177,
subpart B), CBP issued one final determination concerning the
country of origin of certain gyrocompasses, which may be offered to
the U.S. Government under an undesignated government
procurement contract. This final determination (HQ H287851) was
issued under procedures set forth at 19 CFR part 177, subpart B,
which implements Title III of the Trade Agreements Act of 1979, as
amended (19 U.S.C. 2511–18). In the final determination, CBP
concluded that the processing in the United States will result in a
substantial transformation. Therefore, the country of origin for
purposes of U.S. Government procurement of the gyrocompasses is
the United States.
Section 177.29, CBP Regulations (19 CFR 177.29), provides that a
notice of final determination shall be published in the Federal Reg-
ister within 60 days of the date the final determination is issued.
Section 177.30, CBP Regulations (19 CFR 177.30), provides that any
party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial
review of a final determination within 30 days of publication of such
determination in the Federal Register.
45
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
Dated: April 24, 2018.
A
LICE A. KIPEL,
Executive Director,
Regulations and Rulings, Office of Trade.
46
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
HQ H287851
April 24, 2018
OT:RR:CTF:VS H287851 RMC
CATEGORY: Country of Origin
M
ICHAEL S. SNARR
BAKER & HOSTETLER LLP
W
ASHINGTON SQUARE, SUITE 110
1050 C
ONNECTICUT AVE., NW
W
ASHINGTON, DC 20036–5304
Re: U.S. Government Procurement; Country of Origin of Gyrocompass;
Substantial Transformation
D
EAR MR. SNARR:
This is in response to your letter dated June 12, 2017, requesting a final
determination on behalf of [ ] (‘‘ the Manufacturer’’) pursuant to subpart B of
Part 177 of the U.S. Customs and Border Protection (‘‘CBP’’) Regulations (19
C.F.R. Part 177). A meeting was held in our office on December 18, 2018,
during which you and your client explained how the product functions and
the assembly process. A follow-up submission dated January 4, 2018, was
also provided.
This final determination concerns the country of origin of a gyrocompass
that will be assembled in the United States. As a U.S. importer, [the Manu-
facturer] is a party-at-interest within the meaning of 19 C.F.R. § 177.22(d)(1)
and is entitled to request this final determination.
You have asked that certain information submitted in connection with this
request be treated as confidential. Inasmuch as this request conforms to the
requirements of 19 C.F.R. § 177.2(b)(7), the request for confidentiality is
approved. The information contained within brackets in this ruling or in the
attachments to this ruling request, forwarded to our office, will not be re-
leased to the public and will be withheld from published versions of this
ruling.
FACTS:
[The Manufacturer] is incorporated in [ ] and has its principal place of
business in [ ]. It is a wholly-owned subsidiary of [ ] (‘‘the Parent Company’’]
a [ ] entity. [The Parent Company] develops gyrocompasses and advanced
inertial navigational systems for navigation on land, at sea, in the air, and in
space.
The subject merchandise is a ‘‘surface gyrocompass and attitude reference
system’’ sold under the name [ ]. The technical offer documentation provided
describes the merchandise as a ‘‘small size, low weight, low power consump-
tion, IMO-certified, solid-state Fiber-Optic gyrocompass providing all neces-
sary data for demanding navigation and control applications: True-North
heading, roll, pitch and rates of return.’’ The merchandise transmits these
data to onboard navigational and control systems to control a ship’s move-
ment at sea.
Five main components comprise the merchandise:
1. Inertial Sensor Assembly (‘‘ISA’’)—Manufactured in France from French
(or possibly U.S.) parts, the ISA contains interferometric fiber-optic gyro-
scopes (‘‘FOGs’’) and accelerometers. The FOGs incorporate fiber-optic coils
connected to integrated optical circuits to create the interferometers that
provide the actual place of gyroscopic measurement. Three FOGs are com-
47
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
bined into a single component structure along with three accelerometers to
form the ISA. The capability of the ISA is limited to measuring raw accel-
erations and rotation rates. After testing in France, the ISA will be shipped
to the United States.
2. Digital Signal Processing (‘‘DSP’’) Board—Manufactured in the United
States from U.S. parts, the DSP Board acquires the measurements from the
ISA, compensates for various kinds of potential measurement errors, com-
putes an angular position using algorithms, and sends the computed param-
eters to a dual-access memory unit. It is comprised of 46 different components
including capacitors, resistors, connectors, inductors, an oscillator, a flash
memory unit, and others.
3. Interface Board—Manufactured in the United States from U.S. parts
(other than the connectors on the interface board, which are sourced in
Germany ‘‘as per the standard for connectors of this purpose’’), the Interface
Board contains the connections for the components necessary for communi-
cation between the product and the ship’s other hardware (e.g., panel
mounted receptacle connectors, serial link drivers, and Ethernet LAN trans-
former). Thus, the Interface Board allows the gyroscope to communicate with
the ship’s other navigational equipment, and vice versa. It is comprised of 56
different components including connectors, capacitors, inductors, diodes,
digital isolators, a filter, and Ethernet transformer, and others.
4. Processor Board—Manufactured in the United States from U.S. parts,
the Processor Board contains a microcontroller that serves as the intelligence
of the merchandise. It also contains micro and flash memory that are neces-
sary for the functioning of the merchandise. It is comprised of 61 different
components including resistors, oscillators, connectors, diodes, LEDs, a DC
power converter, a flash memory unit, and others.
5. Customized Housing—Machined in the United States from U.S. parts,
the customized housing consists of a metal baseplate and top cover that
enclose and protect the other components.
The U.S. assembly processes described in [the Manufacturer’s] submission
begin when a subcontractor assembles the DSP board, Interface Board, Pro-
cessor Board, and housing in the United States. You state that the combined
manufacturing time for the boards is 4.2 hours, while the customized metal
housing takes about ten hours. For the boards, the assembly process gener-
ally involves the placement and soldering into place of the electronic compo-
nents necessary for the boards’ functioning. The housing is made by bending
sheets of metal, brazing them together, and powder coating the component.
Once the boards and housing have been completed, they are ready to be
integrated with the French-origin ISAs to produce the final product. Although
the ISAs generate raw data such as angular rates and linear acceleration,
these measurements ‘‘lack the accuracy and proper frame of reference needed
to compute the relevant parameters for navigation or to transmit these data
into a functional format for the ship’s navigation and control’’ (i.e., heading,
roll, pitch, and heave). You state that that the DSP board, interface board,
and processor board are essential in processing and converting the ‘‘raw’’
signal that the ISA generates into a signal that can be used by the ship’s
navigational and control systems. For example, according to the information
provided, the processor board serves as the ‘‘intelligence’’ of the product and
contains firmware and the user interface that allows a ship’s crew to control
the product. The interface board serves as the electrical link between the
ship’s electrical equipment and the product, and the DSP board processes the
48
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
raw data generated by the ISA into a format that is compatible with naviga-
tional equipment. Thus, you state that the U.S. processor board, interface
board, and DSP board are essential to the capabilities and functioning of the
product.
The final assembly of the [ ] product in the United States will take approxi-
mately seven and a half hours and will begin when the ISA is mounted to the
baseplate of the housing, which involves placing a gasket, affixing heat-sink
compound, and fastening screws. Technicians will then combine the interface
board, processor board, and DSP Board to form ‘‘electronic clusters.’’ This
process will involve soldering connectors, attaching flexible cables, and
screwing components together. The processor board and the DSP board will
then each be loaded with software developed in France.
After this process is complete, the electronic clusters will be connected to
the ISA through the mounting of cables that permit electronic exchange
between the ISA and the electronic cluster. You state that this integration in
the United States will produce an Inertial Measurement Unit (‘‘IMU’’) that
has the capacity of recording and collecting raw navigational data, as well as
generating and transmitting those data in a format that related nautical
systems can use.
In order to make the IMUs ready for installation, however, calibration
testing must be conducted. In this stage of the production process, a motion
tester and software tester will be used to ensure smooth integration with a
ship’s navigation systems. [The Manufacturer] states that the calibration
testing will take up to 24 hours. Once this testing is completed, the finished
gyrocompass will be ready for use in the field.
ISSUE:
What is the country of origin of the gyrocompasses for purposes of U.S.
Government procurement?
LAW AND ANALYSIS:
CBP issues country of origin advisory rulings and final determinations as
to whether an article is or would be a product of a designated country or
instrumentality for the purposes of granting waivers of certain ‘‘Buy Ameri-
can’’ restrictions in U.S. law or practice for products offered for sale to the
U.S. Government, pursuant to subpart B of Part 177, 19 C.F.R. § 177.21 et
seq., which implements Title III of the Trade Agreements Act of 1979, as
amended (19 U.S.C. § 2511 et seq.).
Under the rule of origin set forth under 19 U.S.C. § 2518(4)(B):
An article is a product of a country or instrumentality only if (i) it is wholly
the growth, product, or manufacture of that country or instrumentality, or (ii)
in the case of an article which consists in whole or in part of materials from
another country or instrumentality, it has been substantially transformed
into a new and different article of commerce with a name, character, or use
distinct from that of the article or articles from which it was so transformed.
See also 19 C.F.R. § 177.22(a).
In rendering advisory rulings and final determinations for purposes of U.S.
Government procurement, CBP applies the provisions of subpart B of Part
177 consistent with Federal Acquisition Regulations. See 19 C.F.R. § 177.21.
In this regard, CBP recognizes that the Federal Acquisition Regulations
restrict the U.S. Government’s purchase of products to U.S.-made or desig-
49
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
nated country end products for acquisitions subject to the TAA. See 48 C.F.R.
§ 25.403(c)(1). The Federal Acquisition Regulations define ‘‘U.S.-made end
product’’ as:
. . . an article that is mined, produced, or manufactured in the United
States or that is substantially transformed in the United States into a new
and different article of commerce with a name, character, or use distinct from
that of the article or articles from which it was transformed.
48 C.F.R. § 25.003.
In order to determine whether a substantial transformation occurs when
components of various origins are assembled into completed products, the
extent of operations performed and whether the parts lose their identity and
become an integral part of the new article are considered. See Belcrest Linens
v. United States, 6 CIT 204 (1983), aff’d, 741 F.2d 1368 (Fed. Cir. 1984). The
country of origin of the item’s components, extent of the processing that
occurs within a country, and whether such processing renders a product with
a new name, character, and use are primary considerations in such cases.
In HQ 558919, dated March 20, 1995, U.S. Customs (now U.S. Customs
and Border Protection) held that an extruder assembly manufactured in
England was substantially transformed in the United States when it was
combined with U.S. components (a drive unit, an electric control panel, and
an extruder screw) to create a vertical extruder. Assembly operations in the
United States included ‘‘the complete wiring of the motor and control panel to
the subassembly, followed by a complete set up and testing program to insure
that the vertical extruder is operating within its design parameters.’’ In
reaching the decision that a substantial transformation had occurred, Cus-
toms emphasized the importance of the U.S. components to the functioning of
the final product. Based on the extent of the assembly operations and the
importance of the U.S. components, Customs held that the country of origin
of the vertical extruder was the United States.
By contrast, assembly operations that are minimal or simple will generally
not result in a substantial transformation. For example, in HQ 734050, dated
June 17, 1991, CBP held that Japanese-origin printer components were not
substantially transformed in China when assembled to form finished print-
ers. Three components, the circuit, power source, and outer case units, were
entirely assembled or molded in Japan. Two components, the head and
mechanical units, were made in Japan, but exported to China in an unas-
sembled state. In China, the head and mechanical units were assembled with
screws and screwdrivers. Thereafter, the head, mechanism, circuit, and
power source units were mounted onto the outer case with screws and
screwdrivers. In holding that the country of origin of the assembled printers
was Japan, CBP recognized that the vast majority of the printer’s parts were
of Japanese origin and that the operations performed in China were rela-
tively simple assembly operations.
Here, as in HQ 558919, the merchandise contains many U.S. materials
that are important components of the final product. With the exception of the
French-origin ISA, which may in some cases contain U.S. parts, and some
German-origin connectors on one subassembly, all the materials used in the
gyroscope are of U.S.-origin. These U.S.-origin parts are essential to the
functionality of the finished gyrocompass. As noted above, the processor
board serves as the ‘‘intelligence’’ of the product and contains firmware and
the user interface that allows a ship’s crew to control the product. The
interface board serves as the electrical link between the ship’s electrical
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
equipment and the product, and the DSP board processes the raw data
generated by the ISA into a format that is compatible with navigational
equipment. Without the U.S.-origin components, the ISA’s functionality
would be limited to measuring raw accelerations and rotation rates and
would not be capable of producing the output expected from a navigational
gyrocompass including heading, roll, pitch, and heave.
In addition, the assembly processes that will occur in the United States are
complex and time-consuming. Each of the electronic boards contains dozens
of electrical components that must be properly mounted to the surface of the
board and soldered into place. This process takes 4.2 hours, while the cus-
tomized metal housing takes about ten hours to manufacture. Next, these
components will be combined with the ISA in a process that includes placing
a gasket, affixing a heat-sink compound, soldering connectors, attaching
cables, fastening screws, and loading software. This process will take an
additional seven and a half hours. Finally, significant post-assembly testing
procedures, which will calibrate the merchandise and ensure smooth com-
munication with the ship’s navigational equipment, will be carried out in the
United States. [The Manufacturer] states that the calibration testing will
take up to 24 hours. Consistent with previous CBP decisions, the large
number of individual components, the 4.2 hours that will be spent assembling
the boards, the ten hours that will be spent manufacturing the metal hous-
ing, the seven and a half hours that will be spent on final assembly, and the
time spent on final calibration testing (up to 24 hours) are evidence of
complex and meaningful assembly operations in the United States.
In addition, we find that the French-origin ISAs will undergo a change in
name, character, and use when they are assembled into finished gyrocom-
passes in the United States. Although a change in a product’s name is the
weakest evidence of a substantial transformation, Uniroyal, Inc. v. United
States, 3 CIT 220, aff’d 703 F.2d 1022 (Fed. Cir. 1983), we note that the name
of the imported material will change from ISA to gyrocompass after assembly
in the United States. Furthermore, the ISA’s character—or its ‘‘mark, sign
[or] distinctive quality,’’ Energizer Battery Inc. v. United States, No. 16–116,
slip op. at 18 (CIT 2016) (quoting Webster’s Third New Int’l Dictionary of the
English Language Unabridged (2002) at 376)—will change from a component
capable of taking raw measurements to a calibrated system able to record,
collect, and transmit data to a ship’s navigational systems. Finally, the
integration of the French-origin ISA into the finished product changes its use
from a measurement component to a complete gyrocompass and ‘‘attitude
reference system that is capable of delivering actionable data integrated into
the ship’s navigation and control systems.’’ Because of the change in name,
character, and use that occurs in the United States, and considering the
totality of the U.S. assembly operations, amount and importance of U.S.
materials, and testing that will occur in the United States, the country of
origin of the gyrocompasses will be the United States for purposes of U.S.
Government procurement.
HOLDING:
The country of origin of the gyrocompasses for purposes of U.S. Govern-
ment procurement will be the United States.
Notice of this final determination will be given in the Federal Register, as
required by 19 C.F.R. § 177.29. Any party-at-interest other than the party
which requested this final determination may request, pursuant to 19 C.F.R.
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
§ 177.31, that CBP reexamine the matter anew and issue a new final deter-
mination. Pursuant to 19 C.F.R. § 177.30, any party-at-interest may, within
30 days of publication of the Federal Register Notice referenced above, seek
judicial review of this final determination before the Court of International
Trade.
Sincerely,
A
LICE A. KIPEL,
Executive Director
Regulations & Rulings Office of Trade
[Published in the Federal Register, May 2, 2018 (83 FR 19293)]
52
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
AGENCY INFORMATION COLLECTION ACTIVITIES:
Free Trade Agreements
AGENCY: U.S. Customs and Border Protection (CBP), Department
of Homeland Security.
ACTION: 60-Day notice and request for comments; extension of an
existing collection of information.
SUMMARY: The Department of Homeland Security, U.S. Customs
and Border Protection will be submitting the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act
of 1995 (PRA). The information collection is published in the Federal
Register to obtain comments from the public and affected agencies.
Comments are encouraged and will be accepted (no later than June
26, 2018) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the
item(s) contained in this notice must include the OMB Control Num-
ber 1651–0117 in the subject line and the agency name. To avoid
duplicate submissions, please use only one of the following methods to
submit comments:
(2) Mail. Submit written comments to CBP Paperwork Reduction
Act Officer, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, Economic Impact Analysis Branch, 90 K
Street NE, 10th Floor, Washington, DC 20229–1177.
FOR FURTHER INFORMATION CONTACT: Requests for addi-
tional PRA information should be directed to Seth Renkema, Chief,
Economic Impact Analysis Branch, U.S. Customs and Border Protec-
tion, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th
Floor, Washington, DC 20229–1177, Telephone number (202)
contact information provided here is solely for questions regarding
this notice. Individuals seeking information about other CBP pro-
grams should contact the CBP National Customer Service Center at
877–227–5511, (TTY) 1–800–877–8339, or CBP website at https://
www.cbp.gov/.
SUPPLEMENTARY INFORMATION: CBP invites the general
public and other Federal agencies to comment on the proposed and/or
continuing information collections pursuant to the Paperwork Reduc-
tion Act of 1995 (44 U.S.C. 3501 et seq.). This process is conducted in
accordance with 5 CFR 1320.8. Written comments and suggestions
53
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
from the public and affected agencies should address one or more of
the following four points: (1) Whether the proposed collection of in-
formation is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency’s estimate of the burden of the
proposed collection of information, including the validity of the meth-
odology and assumptions used; (3) suggestions to enhance the quality,
utility, and clarity of the information to be collected; and (4) sugges-
tions to minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate auto-
mated, electronic, mechanical, or other technological collection tech-
niques or other forms of information technology, e.g., permitting elec-
tronic submission of responses. The comments that are submitted
will be summarized and included in the request for approval. All
comments will become a matter of public record.
Overview of This Information Collection
Title: Free Trade agreements.
OMB Number: 1651–0117.
Form Number: None.
Type of Review: Extension (without change).
Current Actions: CBP proposes to extend the expiration date of
this information collection with no change to the burden hours or
to the information collected.
Affected Public: Businesses.
Abstract: Free trade agreements are established to reduce and
eliminate trade barriers, strengthen and develop economic
relations, and to lay the foundation for further cooperation to
expand and enhance benefits of the agreement. These agreements
establish free trade by reduced-duty treatment on imported
goods.
The U.S. has entered into the following Free Trade Agreements:
United States-Chile Free Trade Agreement (US–CFTA) (Pub. L.
108–77); the Republic of Singapore (Pub. L. 108–78, 117 Stat. 948, 19
U.S.C. 3805 note); Australia (Pub. L. 108–286); Morocco (Pub. L.
108–302); Jordan (Pub. L. 107–43); Bahrain (Pub. L. 109–169); Oman
(Pub. L. 109–283); Peru (Pub. L. 110–138, 121 Stat. 1455); Korea
(Pub. L. 112–41); Colombia (Pub. L. 112–42, 125 Stat. 462); Panama
(Pub. L. 112–43); and Costa Rica, the Dominican Republic, El Salva-
dor, Guatemala, Honduras, and Nicaragua (CAFTA–DR) (Pub. L.
109–53, 119 Stat. 462).
These free trade agreements involve collection of data elements
such as information about the importer and exporter of the goods, a
54
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
description of the goods, tariff classification number, and the prefer-
ence criterion in the Rules of Origin.
Respondents can obtain information on how to make claims under
these Free Trade Agreements by going to http://www.cbp.gov/trade/
free-trade-agreements and use a standard fillable format for the FTA
submission by going to http://www.cbp.gov/document/guides/
certification-origin-template.
Estimated Number of Respondents: 359,400.
Estimated Number of Total Annual Responses: 361,000.
Estimated Time per Response: 2 hours.
Estimated Total Annual Burden Hours: 722,000.
Dated: April 24, 2018.
S
ETH D RENKEMA,
Branch Chief,
Economic Impact Analysis Branch,
U.S. Customs and Border Protection.
[Published in the Federal Register, April 27, 2018 (83 FR 18581)]
55
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
AGENCY INFORMATION COLLECTION ACTIVITIES:
Certificate of Origin
AGENCY: U.S. Customs and Border Protection (CBP), Department
of Homeland Security.
ACTION: 60-Day notice and request for comments; extension of an
existing collection of information.
SUMMARY: The Department of Homeland Security, U.S. Customs
and Border Protection will be submitting the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act
of 1995 (PRA). The information collection is published in the Federal
Register to obtain comments from the public and affected agencies.
Comments are encouraged and will be accepted (no later than June
26, 2018) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the
item(s) contained in this notice must include the OMB Control Num-
ber 1651–0016 in the subject line and the agency name. To avoid
duplicate submissions, please use only one of the following methods to
submit comments:
(2) Mail. Submit written comments to CBP Paperwork Reduction
Act Officer, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, Economic Impact Analysis Branch, 90 K
Street NE, 10th Floor, Washington, DC 20229–1177.
FOR FURTHER INFORMATION CONTACT: Requests for addi-
tional PRA information should be directed to Seth Renkema, Chief,
Economic Impact Analysis Branch, U.S. Customs and Border Protec-
tion, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th
Floor, Washington, DC 20229–1177, Telephone number (202)
contact information provided here is solely for questions regarding
this notice. Individuals seeking information about other CBP pro-
grams should contact the CBP National Customer Service Center at
877–227–5511, (TTY) 1–800–877–8339, or CBP website at https://
www.cbp.gov/.
SUPPLEMENTARY INFORMATION: CBP invites the general
public and other Federal agencies to comment on the proposed and/or
continuing information collections pursuant to the Paperwork Reduc-
tion Act of 1995 (44 U.S.C. 3501 et seq.). This process is conducted in
accordance with 5 CFR 1320.8. Written comments and suggestions
56
CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
from the public and affected agencies should address one or more of
the following four points: (1) Whether the proposed collection of in-
formation is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency’s estimate of the burden of the
proposed collection of information, including the validity of the meth-
odology and assumptions used; (3) suggestions to enhance the quality,
utility, and clarity of the information to be collected; and (4) sugges-
tions to minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate auto-
mated, electronic, mechanical, or other technological collection tech-
niques or other forms of information technology, e.g., permitting elec-
tronic submission of responses. The comments that are submitted
will be summarized and included in the request for approval. All
comments will become a matter of public record.
Overview of This Information Collection
Title: Certificate of Origin.
OMB Number: 1651–0016.
Form Number: CBP Form 3229.
Current Actions: CBP proposes to extend the expiration date of
this information collection with no change to the burden hours or
to the information collected.
Type of Review: Extension (without change).
Abstract: CBP Form 3229, Certificate of Origin, is used by
shippers and importers to declare that goods being imported into
the United States are produced or manufactured in a U.S.
insular possession from materials grown, produced or
manufactured in such possession. This form includes a list of the
foreign materials included in the goods, and their description and
value. CBP Form 3229 is used as documentation for goods
entitled to enter the U.S. free of duty. This form is authorized
by General Note 3(a)(iv) of the Harmonized Tariff Schedule
of the United States (19 U.S.C. 1202) and is provided for by 19
CFR part 7.3. CBP Form 3229 is accessible at http://
forms.cbp.gov/pdf/CBP_Form_3229.pdf.
Affected Public: Businesses.
Estimated Number of Respondents: 113.
Estimated Number of Annual Responses per Respondent:
20.
Estimated Number of Total Annual Responses: 2,260.
Estimated Time per Response: 20 minutes.
Estimated Annual Burden Hours: 746.
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CUSTOMS BULLETIN AND DECISIONS, VOL. 52, NO. 20, MAY 16, 2018
Dated: April 24, 2018.
S
ETH D. RENKEMA,
Branch Chief,
Economic Impact Analysis Branch,
U.S. Customs and Border Protection.
[Published in the Federal Register, April 27, 2018 (83 FR 18582)]
