Recent CBP NY Rulings
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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N323688: The tariff classification of decorative metal lanterns from China
| HTS: 8306.29.0000, Free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photographs, pictures or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Items: A variety of solar-powered decorative lanterns made of iron. The lanterns measure approximately 8-9 inches in diameter and 8-12 inches in height and weigh between 682 and 1278 grams. When powered on, the glowing light is emitted through a decorative metal cage consisting of closely arranged wire rings. The glowing light enhances the article’s decorative appeal. |
| Reason: N/A |
| Ruling Date: Jan. 24, 2022 |
N323689: The tariff classification of a decorative metal lantern from China
| HTS:8306.29.0000, Free, “Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photographs, pictures or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other.” |
| Item: A solar-powered decorative lantern made of iron. The lantern has a metal handle, a pillar candle, a flat bottom, measures approximately 9.25 inches in diameter and 12 inches in height and weighs approximately 1278 grams. When powered on, the glowing light is emitted through a decorative metal cage that consists of closely arranged wire rings. The glowing light enhances the article’s decorative appeal. |
| Reason: N/A |
| Ruling Date: Jan. 24, 2022 |
N323818: The tariff classification of a Christmas decoration from China
| HTS: 9505.10.1500, Free, “Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of wood.” |
| Item: Mistltoe Mirror, which consists of a battery-powered, illuminated tabletop decoration. The item is composed primarily of a medium density fiberboard (MDF) frame with a reflective glass front featuring the phrase “Merry Christmas Y’all” or “Christmas Wishes Mistletoe Kisses,” covering most of the glass front. When powered on, the phrases are illuminated with a soft glow. The item measures approximately 9.1" x 2.2" x 8.7" and is further decorated with a textile fabric bow and some artificial greenery. This article will be marketed and sold exclusively as a decoration for Christmas. |
| Reason: N/A |
| Ruling Date: Jan. 24, 2022 |
N323824: The tariff classification of a Christmas stocking from China
| HTS: 9505.10.2500, Free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Item: American Girl Holiday Stocking. The Christmas stocking is composed of multicolored cotton knitted fabric, featuring various seasonal designs. The stocking has a stuffed white polyester knitted cuff, which features a hanging loop and a representation of the American Girl star. The stocking measures 35 cm x 27 cm. This article will be marketed and sold only for Christmas. |
| Reason: N/A |
| Ruling Date: Jan. 24, 2022 |
N321336: The tariff classification of yarns from China
| HTS: (1) 5605.00.9000, 9903.88.03, 13.2% +25%, “Metalized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip, or powder, or covered with metal: Other. (2) 5606.00.0090, 9903.88.03, 8%+ 25%, “Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn: Other.” (3) and (4) 5511.20.0000, 9903.88.03, 7.5% + 25%, “Yarn (other than sewing thread) of man-made staple fibers, put up for retail sale: Of synthetic staple fibers, containing less than 85 percent by weight of such fibers.” |
| Items: (1) Moroccan Nights, a 2-ply yarn. Ply 1, comprising 47.1 percent by weight of the yarn, is composed wholly of acrylic staple fibers. Ply 2, comprises 52.9 percent by weight of the yarn is composed of acrylic staple fibers twisted together with a metalized strip with an apparent width of less than 5 millimeters. The fibers are carded or are otherwise processed for spinning, and are parallel with a slight twist. (2) Warm and Fuzzy, is a chenille yarn composed wholly of polyester staple fibers. The ball of yarn weighs 140.5 grams.(3) Cotton Candy Blend, a 5-ply yarn constructed from two 1-ply cotton yarns comprising 42.9 percent by weight of the yarn, twisted together with a two 1-ply polyester staple yarns comprising 53.3 percent by weight of the yarn, and one 1-ply polyester filament yarn comprising 3.8 percent by weight of the yarn. The ball of yarn weighs 139.6 grams. (4) Go for Faux Duo, a black yarn and burgundy yarn connected by a knot. The black yarn is a 3-ply chenille yarn constructed of a knit stitch core of polyester filament fibers and pile polyester staple fibers protruding approximately 12 millimeters on two sides. Each ply is twisted together. The burgundy yarn is a 4-ply yarn composed of wholly acrylic staple fibers. The fibers are carded, combed or otherwise processed for spinning. The fibers are parallel with a slight twist and are considered roving slivers. The four roving slivers are twisted together to form a yarn. The overall weight of the yarn is 212.9 grams, with the black chenille yarn comprising 91.2 grams and the burgundy yarn comprising 121.7 grams of the total yarn weight. The overall fiber content by weight is 57.2 percent acrylic and 42.8 percent polyester. |
| Reason: N/A |
| Ruling Date: Jan. 21, 2022 |
N323398: The tariff classification of a fruit bar from Canada
| HTS: 2007.99.6520, 10%, "Jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter ... other ... other ... pastes and purees ... other ... other." |
| Item: “Layered Fruit Bar Strawberry Banana,” containing organic apple puree concentrate, organic apple juice concentrate, organic banana puree, pectin, citric acid, organic lemon juice concentrate, organic strawberry flavor, organic strawberry concentrate, exberry shade inpurple redin, organic banana flavor and organic capol 419. The fruit bar is made by placing pre-concentrated apple puree, apple juice concentrate and the balance of the ingredients into a swept wall evaporator that uses steam to cook the product while removing the majority of the moisture via a vacuum. The resulting product is a paste which is formed into bars. |
| Reason: N/A |
| Ruling Date: Jan. 21, 2022 |
N323541: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of pajamas from Nicaragua
| HTS: 6207.21.0030, Free, "Men’s or boys' ... nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of cotton: other: men’s." |
| DR-CAFTA Status: qualifies |
| Item: A pair of men’s pajamas. The top is constructed from 55% cotton 40% rayon 5% spandex jersey knit fabric. The bottoms are constructed from 100% cotton printed woven poplin fabric. The top features a round neckline and short sleeves. The pants feature an elasticized waistband with two functional snap closures, an open fly with a hidden functional snap button, and hemmed legs. The garments will be flat folded and secured in a belly band with a ribbon threaded through a cardboard band in the center. |
| Reason: Certain enumerated goods are only required to be cut or knit to shape, or both, and sewn or otherwise assembled in the CAFTA-DR beneficiary countries to qualify for preferential treatment. A change to pajamas and sleepwear of subheadings, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement. |
| Ruling Date: Jan. 21, 2022 |
N323571: The tariff classification of a rubber cone packing seal from China
| HTS: 4016.93.5050, 9903.88.03, 2.5% + 25%, "Articles of vulcanized rubber other than hard rubber: other: gaskets, washers and other seals: other: other." |
| Item: Various rubber cone packing seals. The products consist of a vulcanized nitrile outer seal housing with an inner seal composed of lattice braided polytetrafluoroethylene fibers. The nitrile comprises 90 percent by weight of the final product while the textile packing composes 10 percent by weight. The function of the cone packing seal is to prevent oil spills in an oil well. The cone is used with oil wells that use a pumping unit, polished rod, sucker rods and down hole pump to produce oil. |
| Reason: N/A |
| Ruling Date: Jan. 21, 2022 |
N323598: The tariff classification of a control board from Indonesia
| HTS: 8537.10.9170, 2.7%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other”. |
| Item: A printed circuit board assembly (PCBA) for use as a control board in an enteral (infusion) feeding machine. The control board is populated with nine electrical switches, integrated circuits, resistors, etc. and functions to: distribute power and control to the motor and display screen; enabling user interaction via the tactile switches; storing and processing the operational programming of the pump; and more. |
| Reason: “Parts and accessories which are goods included in any of the headings of this chapter or of chapter 84, 85 or 91 are in all cases to be classified in their respective headings.” While the subject control board is used in a feeding pump, it is subject to the “Parts” provisions of Note 2 to Section XVI, which states that subject to certain exclusions found in Note 1 to Section XVI. |
| Ruling Date: Jan. 21, 2022 |
N323636: The tariff classification of iron pipe hooks and wall mounted racks from China
| HTS: 8302.50.0000, 9903.88.03, Free, "Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Hat-racks, hat pegs, brackets and similar fixtures, and parts thereof." |
| Items: (1) A wall hook made of ½ inch diameter iron pipe. The hook is created using a Tee (T) joint pipe fitting. The base of the T is connected to a round wall mounting plate. A short pipe, extending vertically from the T joint, creates the vertical hook while the lower end of the T joint is capped. (2) A wall mounted iron towel ring. The ring is approximately 6 inches in diameter, attached to a ½ inch iron flange, and is available in either a black matte powder coated or spray-painted finish. Mounting hardware used to secure the towel ring to a wall is included. (3) A paper towel/toilet paper holder made of ½ inch diameter pipe. The holder is comprised of an approximately 3-inch diameter mounting plate, an approximately 4-inch-long iron pipe, a curved pipe flange, and both a 5-inch pipe and a 12-inch pipe. |
| Reason: N/A |
| Ruling Date: Jan. 21, 2022 |