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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N324259: The tariff classification of a bio-bag from the Czech Republic
| HTS: 8421.39.0190, Free, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for gases: Other: Other: Other: Other.” |
| Item: Bio-bag with filter ventilation unit that allows the use of four speeds of airflow. A color display shows the speed of the airflow, the degree of clogged filters, and battery charge status. The bio-bag also has transparent windows which allows for monitoring of the health condition of the patient, a padded back pad to provide comfort to the patient, and straps to ensure safety during transport. The device utilizes a self-supporting system in the form of a folding aluminum frame with the possibility to connect it to the transport vehicle for added safety. A large inlet port allows for connection of respiratory support devices and additional input ports provide space for infusion tubing, a drain, and electrocardiogram electrode cables. The bio-bag is usable in two modes. While in negative pressure mode, the bio-bag is intended to transport a person suspected to have a highly contagious disease or a person affected by biological agents from the place of contamination to a facility intended for treatment. In positive pressure mode, it is possible to use the bio-bag to protect the patient from the environment. The bio-bag is designed to be decontaminated and used again. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2022 |
N324320: The tariff classification of beanie bags from China
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, "Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Items: A set of beanie bags, each with an attached plastic clip. Each beanie bag is composed of a 100 percent polyester woven printed fabric stuffed with polyfiber and polyethylene pellets. Each beanie bag features a candy packaging design printed on both sides, a 100 percent polyester braided cord loop sewn to the bag and an affixed polypropylene clip. The stuffed bags have no openings and are completely sewn closed. The beanie bags are decorative collectibles offered in 24 different candy packaging designs. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2022 |
N324373: The tariff classification of men’s jackets from China
| HTS: 6113.00.9025; 9903.88.15, 7.1% + 7.5%, "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906, or 5907: Other: Coats and jackets: Other: Men’s or boys’." |
| Items: (1) A men’s hip-length jacket constructed from a 100% polyester knit fabric laminated to a thermoplastic polyurethane film. The fully lined garment features a full front opening with a weatherproof zipper closure that extends to the top of a padded, stand-up collar. The garment also includes taped seams; an inner storm flap; long sleeves with hook and loop adjustable closures; and weatherproof zippered pockets below the waist. In addition, an elastic drawcord with locks has been inserted into the bottom hem for tightening to the body. (2) a men’s hip-length jacket constructed from a laminated fabric consisting of an outer layer of 100% polyester knit fabric, a middle layer of polyurethane film, and an inner layer of polyester knit fabric. The garment features a full front opening with a weatherproof zipper closure that extends to the top of a padded, stand-up collar. The garment also includes taped seams; an inner storm flap; long sleeves with inner protective cuffs and hook and loop adjustable closures; weatherproof zippered pockets below the waist; and weatherproof zippered side vents. In addition, an elastic drawcord with a lock has been inserted into the bottom hem for tightening to the body. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2022 |
N324394: The tariff classification of headbands from Bangladesh
| HTS: 4015.90.0050, 4%, "Articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes, of vulcanized rubber other than hard rubber: Other: Other." |
| Item: A four-pack of headbands. The circular headbands measure approximately 8 ¾ inches in length by 3/8 inches in width. Each headwrap is constructed from a strip of rubber, approximately 9 mm wide, that is covered by a 100% nylon woven fabric. A clear silicone cord, approximately 2 mm wide, runs along the inner circumference. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2022 |
N324416: The tariff classification of ceramic salt and pepper shakers from China
| HTS: 6912.00.4100, 9817.95.05, Free, “Ceramic tableware…other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Steins with permanently attached pewter lids…and salt and pepper shaker sets.” |
| Items: Festive Salt and Pepper Shakers. The salt and pepper shakers are made of glazed ceramic dolomite and consist of two styles, a truck with a Christmas tree and a gnome with a candy cane. Each style will be packaged together for retail sale and sold as a set during the Christmas season. (1) Two shakers. One shaker is shaped to resemble a three-dimensional four-wheel red pickup truck, while the other is shaped to resemble a three-dimensional green Christmas tree decorated with red balls. The Christmas tree is in the back trunk of the truck. Each shaker features holes in the top for dispensing seasoning, while the bottom provides an opening, fitted with a plastic stopper, for filling the shaker.(2) Two shakers which measure approximately 2.87 inches high by 2.28 inches long by 2.24 inches wide at their widest points. Both shakers are shaped to resemble a three-dimensional gnome holding a candy cane in one hand. The gnomes both feature a white beard and are wearing a red Santa suit and red hat. Each shaker features holes in the top for dispensing seasoning, while the bottom provides an opening, fitted with a plastic stopper, for filling the shaker. |
| Reason: The decorated Christmas tree and the candy cane are recognized festive motifs, and are presented here in three-dimensional depictions. Therefore, the salt and pepper shakers are eligible for duty-free treatment. |
| Ruling Date: Feb. 25, 2022 |
N324432: The tariff classification of wooden snowflakes from China
| HTS: 4420.19.0000, 3.2%, "Statuettes and other ornaments, of wood, other than tropical wood." |
| Item: Tabletop decorations cut in the shape of snowflakes from medium density fiberboard (MDF). The snowflakes measure approximately 4.72” in diameter and consist of a smaller snowflake attached to the face of a larger one by means of glue and nails, creating a more three-dimensional effect. Both are painted in appropriate snowflake colors. They are intended to sit atop a table, shelf, or other flat surface. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2022 |
N324450: The tariff classification of Single-Use Pods from Mexico
| HTS: 3822.19.0080, Free, “Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, whether or not put up in the form of kits, other than those of heading 3006 ... diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, whether or not put up in the form of kits: other: other: other.” |
| Item: Single-use pod consists of a stadium-shaped plastic base and top, a fluidics panel, a rotor, and other components and is filled with Signaling Polynucleotides and a buffer solution. The fluidics panel component contains the assay that binds the active molecule, which detects the presence of the allergen protein. The chemical reaction between the SPN and assay yields a detectable signal indicating the presence of the target allergen. In use, the pod is inserted into the food allergen device. The pod’s rotor “blends” a cut food sample and releases protein from the food. The protein is then mixed with the SPN and buffer. When the SPN is bound to the assay via DNA: DNA interactions, a signal is produced that indicates the absence of the allergen protein in the protein extracted from the food sample. If the allergen protein is present in the protein extracted from the food sample, the binding interaction does not occur and no signal is produced. The user is alerted to the test results on the device. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2022 |
N324027: The tariff classification and country of origin of Frozen Squid
| HTS: 0307.43.0029, Free, “Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption: Cuttlefish and squid: Frozen squid: Other: Other.” |
| Country of Origin: Spain |
| Items: Whole, uncleaned frozen squid (Loligo gahi, also known as Doryteuthis gahi, or Patagonian longfin squid) of Spanish-origin will be shipped from Spain to China. In China, the squid is defrosted, gutted, and the head, skin, and teeth are removed. The squid is sorted, soaked in an unspecified additive, washed, dewatered, graded, weighed, quick frozen and packed. |
| Reason: The squid is not substantially transformed due to the processing in China. |
| Ruling Date: Feb. 24, 2022 |
N324084: The country of origin of Acetaminophen Extended-Release Tablets USP
| Country of Origin: United States |
| Item: Acetaminophen Extended-Release Tablets. Acetaminophen, imported in 650 mg extended-release tablets, is a medicinal preparation containing Acetaminophen, an analgesic and antipyretic. It is indicated for the temporary relief of minor aches and pains and the temporary reduction of fever. The active pharmaceutical ingredient (API), Acetaminophen is manufactured in the United States and that the finished tablets in dosage form are made in India. In India, the Acetaminophen will be mixed with various inactive ingredients to produce the final tablets in dosage form. |
| Reason: The mixing of the active ingredient Acetaminophen (made in the United States) with the inactive ingredients into the final dosage tablets in India does not result in a substantial transformation. |
| Ruling Date: Feb. 24, 2022 |
N324085: The country of origin of Potassium Chloride Extended-Release (ER) Tablets USP
| Country of Origin: United States |
| Item: Potassium Chloride Extended-Release Tablets. Potassium Chloride, imported in 10 mEq and 20 mEq extended-release tablets, is a medicinal preparation containing Potassium Chloride, as the active ingredient. It is indicated for the treatment and prophylaxis of hypokalemia with or without metabolic alkalosis. The active pharmaceutical ingredient (API), Potassium Chloride is manufactured in the United States and that the finished tablets in dosage form are made in India. In India, the Potassium Chloride will be mixed with various inactive ingredients to produce the final tablets in dosage form. |
| Reason: The mixing of the active ingredient Potassium Chloride (made in the United States) with the inactive ingredients into the final dosage tablets in India does not result in a substantial transformation. |
| Ruling Date: Feb. 24, 2022 |