Background

In the Dec. 1, 2021, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying the following products, effective with respect to goods entered or withdrawn from warehouse for consumption on or after Jan. 29.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

Fleet Telematics Devices

CBP is reclassifying fleet telematics devices as radio navigational aid apparatus under HTSUS 8526.91.00 (duty-free) or other instruments, appliances, and machines under HTSUS 9031.80.80 (duty-free) rather than as machines for the transmission of data under HTSUS 8517.62.00 (duty-free) or radio navigational aid apparatus under HTSUS 8526.91.00.

The products at issue monitor a variety of vehicle and cargo information (i.e., location, driver behavior, vehicle activity, engine diagnostics, environmental conditions) and transmit that data in real time to fleet operators to enable them to manage their resources. Simpler devices may feature only a cellular modem and GPS; other devices may include additional integrated components that function to obtain data that is specific to the needs of the end-user.

The articles at issue feature key components such as a cellular modem, GPS, code reader, and accelerometer. Each of these components contributes equally to the device’s function, leading CBP to conclude that no single component imparts the principal function. CBP has therefore classified the devices in the heading that occurs last in numerical order among the competing headings that equally merit consideration.

Ruling HQ H312223 will revoke rulings NY N304264, NY N213872, NY N108329, NY N300201, NY N301862, NY N201495, NY N108330, and NY N148555, and modify ruling NY N168766, to reflect this change.

Rooibos Tea

CBP is reclassifying rooibos tea as herbal teas under HTSUS 1211.90.9280 (duty-free) rather than as herbal teas made from mint leaves under HTSUS 1211.90.4020 (4.8 percent duty).

CBP explains that there is no information to suggest that the rooibos tea at issue contains any mint leaves. There is also no information, legal or biological, to suggest that mint and rooibos are similar enough to one another that they could be classified interchangeably.

Ruling HQ H320527 will modify ruling NY N280540 to reflect this change in classification.

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