After attending lectures, discussions with logistics managers, as well as importers, I got a sense of big confusion that is occurring in the trade community regarding their responsibilities and regulations under CPSC. This belief was solidified by browsing (on Google) through various “Certificates of Compliance,” in which some listed absurdly general statements such as “Consumer Product Safety Act” in the applicable CPSC section, while others shifted this burden on producers, neglecting the regulatory language that explicitly provides this burden on importers. Perhaps, one can make better sense of it if s/he departs from the mentality of customs broker, at least for time being. Do not try to associate harmonized tariff with specific regulations. Unlike previous OGAs/PGAs (FCC, FDA, FWS, etc.), CPSC scope of jurisdiction – consumer – goods is very broad. See 16 CFR 1145.1, where scope is broadly established to extend to any consumer product from which the risk of injury could occur (and try to fit it in the reasonable HTSUS range). Or take 16 CFR 1500 definition of solid flammable (including exceptions), and again one comes across unclear and broad range of products that can fall under it. While establishing very broad scope of consumer goods jurisdiction,…
For the purposes of 15 CFR 740.15, do offshore oil drilling rigs / platforms qualify as Vessels? Offshore drilling rigs and platforms do not constitute “vessels” for the purposes of License Exception AVS eligibility, as described in Section 740.15 of the Export Administration Regulations (EAR) (15 CFR Parts 730-774). The items that are eligible for export or reexport under License Exception AVS are, for the most part, those necessary for the proper operation (e.g., propulsion, navigation) of an aircraft or vessel or those intended for use as plane or ship stores. The scope of items that may be necessary for the proper operation of an offshore drilling rig or platform (even one that is self-propelled) might well include platform stabilization and drilling or oil exploration equipment that would go well beyond the scope of items contemplated under License Exception AVS as eligible for export/reexport to, or on board, vessels and aircraft. For additional information on the EAR requirements described in this e mail, you may wish to view the EAR on-line, at: www.access.gpo.gov/bis/index.html. Should you have additional questions about the requirements in the EAR, you may wish to contact the Outreach and Educational Services Division, at: (202) 482-4811.
This inquiry concerns control 2B999.g of the Commerce Control List. Specifically, the list provides for 304 and 316 stainless steel valves, piping, tanks and vessels. One possible interpretation of the control is that the whole product in its entirety must be made from 304 or 316 stainless steel. Another possible interpretation of the control is that only those products that contain 304 or 316 stainless steel that perform essential function of the product (e.g. inner part of the piping that comes into direct control with the liquid or gas; valve that is made from bronze, but contains 316 stainless steel parts such as butterfly disc). The BIS position on the 2B999.g? The ECCN 2B999.g controls on 304 and 316 stainless steel valves, piping, tanks and vessels should be interpreted consistent with the controls on chemical manufacturing equipment described in ECCN 2B350. Therefore, if all surfaces of the valves, piping, tanks and vessels that come in direct contact with the chemical(s) being processed or contained are made from 304/316 stainless steel, they would be controlled under 2B999.g — in this instance, the entire item would not have to be made of 304/316 stainless steel in order for it to be controlled…
In an obscure NY M86452, CBP classified airfield lighting under 8530.80.0000 9405.40.6000 9405.60.6000 CBP provided no explanation of why classification of heading 9405 was used for lighting equipment clearly used for electrical signaling airfield installations.
If the machine is designed to not to be held in hand then it is classified under Schedule B 220.127.116.1198 (8479.89.9897 HTSUS) pursuant to NY L86502. If it is designed to be held in hand during its use, it is classified under Schedule B 8467.11.5040 (Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: other: other wrenches)
Major question that distinguishes whether these substances belong to heading 3403 or 2710: Does the product contain 70% or more by weight of petroleum oils or oils obtained from bituminous minerals?
CBP is proposing to issue HQ H029719 in order to revoke NY N007536 and reclassify the cables under HTS 8544.42.2000, as electric conductors “of a kind used for telecommunication” rather than under HTS 8544.42.9000 as other electric conductors, “other.” CBP proposes this change as a correction based on the fact that USB and Ethernet cables are used for the two-way transfer of data between a personal computer and various other devices. By application of GRI 1, the USB cable and the Ethernet cable are specifically provided for and should be classified under HTS 8544.42.2000, which provides for: “Insulated . . . wire, cable . . . and other insulated electric conductors, whether or not fitted with connectors . . . Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Of a kind used for telecommunications.” Proposed: 8544.42.2000, duty-free; current: 8544.42.9000, 2.6%
Actuator may be, prima facie, a part of the valve with which it is used, but actuators for valves, imported / exported separately are not provided in the valve heading 8481. Actuator is a gear assembly and is more specifically provided in heading 8483. Actuator, when presented separately, is 8483.40.5010 HTSUS or 8483.40.4010 Schedule B, which provides for fixed ratio speed changers Source: N025719
An IBOP is typically a ball valve or other type of valve that is connected in line with the drills string. It can be closed to isolate the kick inside the drill string. Because an IBOP and its associated actuator is connected in line with the drill string, it will rotate with the drill string during drilling operations. Typically, IBOP’s are pneumatically powered. The air source, typically a pressurized cylinder, is generally stationary. Thus, the challenge is to get the air power from the stationary source to the rotating IBOP actuator. It is noted that often drilling is stopped before the IBOP is actuated, but for safety reasons, the IBOP must be connected to an air supply at all times during drilling operations. Source
Dateline’s report on Customs and Border Protection.