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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N325364: The tariff classification of L-Threonine Feed Grade (CAS# 72-19-5) from China
| HTS: 2922.50.5000, 6.5%, "Amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function: other." |
| Item: An amino acid. L-Threonine feed grade is produced by fermentation of agricultural products such as starch, molasses, and sugar. It is used as a feed supplement for various livestock, including but not limited to poultry and swine. The average nutrient content of the L-Threonine is 98%-98.5%. It is shipped in powder form and packaged in 25 kg bags. |
| Reason: N/A |
| Ruling Date: April 14, 2022 |
N323823: The tariff classification of garments from various countries
| HTS: (1) 6212.90.0030, 6.6%, "Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other: Of man-made fibers or man-made fibers and rubber or plastics. |
| (2) 6203.42.4516, 16.6%, "Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other: Other: Other: Men’s trousers and breeches: Other." |
| (3) 6204.62.8011, 16.6%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other: Other: Other: Other: Women’s trousers and breeches: Blue denim." |
| (4) 6204.63.9010, 28.6%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Trousers and breeches: Women’s." |
| Items: (1) A pair of men’s legging-style tight-fitting compression pants. The garment is a woven construction and 80.9% polyester, 19.1% elastomeric fiber in content. The pants feature a covered elastic waistband measuring approximately 2 ¼ inches wide with a partially exposed drawstring, a sewn-in crotch gusset, overlock stitching at the center, back and inside leg seams, and hemmed leg openings. The pants are marketed as muscle supporting performance and recovery sportswear. (2) A pair of men’s trousers. The garment is a woven construction and 67.2% cotton, 23.8% polyester, 9% elastomeric in content. . Style M05 features a sewn-on waistband with five belt loops, a leather patch with a company logo at the right back waistband through which a belt may be threaded, a zippered fly front opening with a metal button closure on the waistband, slant front panels, a sewn-in crotch panel that extends to the top of the lower leg, back patch pockets, tapered lower legs, and hemmed leg openings. (3) A pair of women’s trousers. The garment is of a woven construction and 66.6% cotton, 23.4% polyester, 10% elastomeric fiber in content. The trousers feature a waistband with six belt loops, a zippered fly front opening with a metal button closure, two front pockets, a watch pocket within the right front pocket, two rear patch pockets, and hemmed leg openings. (4) A pair of women’s trousers. The garment is a woven construction and 85.5% polyester, 14.5% elastomeric fiber in content. The pull-on trousers extend from the waist to the ankles and feature a wide waistband and hemmed leg openings. |
| Reason: (2)(3)(4) Do not offer enough compression, a tight enough fit or enough support throughout to be classified under heading 6212. |
| Ruling Date: April 13, 2022 |
N324858: The tariff classification of a sweetener from China
| HTS: 2106.90.9998, 6.4%, "Food preparations not elsewhere specified or included . . . other . . . other . . . other. |
| Item: A granulated blend of approximately 92 percent organic erythritol and 8 percent organic monk fruit extract. The product is intended for use as a sweetener in coffee, baked goods or anywhere else sugar is used. The sweetener will be imported for retail sale in 16 oz. (454-gram) packages and will be sold online at www.amazon.co |
| Reason: N/A |
| Ruling Date: April 13, 2022 |
N324861: The tariff classification and country of origin of Melphalan Hydrochloride for Injection
| HTS: 3004.90.9215, free, "Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Antineoplastic and immunosuppressive medicaments.” |
| Country of Origin: Italy |
| Item: Melphalan Hydrochloride for Injection, imported in 50 mg vials, is an alkylating antineoplastic agent. It is used to treat multiple myeloma in people who are unable to take melphalan by mouth. Melphalan Hydrochloride is also used to destroy bone marrow and cancer cells in preparation for a bone marrow transplant in people with multiple myeloma. The active pharmaceutical ingredient, Melphalan Hydrochloride, is manufactured in Italy and the finished Melphalan Hydrochloride for injection in dosage form is made in India. In India, the Melphalan Hydrochloride will be mixed with various inactive ingredients to produce the final injectable vials in dosage form. |
| Reason: The mixing of the active ingredient Melphalan Hydrochloride (made in Italy) with the inactive ingredients into the final dosage injectable vials in India does not result in a substantial transformation |
| Ruling Date: April 13, 2022 |
N324891: The tariff classification of a flexible intermediate bulk container from Thailand, Bangladesh, or China
| HTS: 6305.32.0010, 9903.88.15, 8.4% + 7.5%, "Sacks and bags, of a kind used for the packing of goods: of man-made textile materials: flexible intermediate bulk containers, weighing one kilogram or more." |
| Item: A “Modified Atmosphere Packaging,” which consists of a flexible intermediate bulk container that contains a sewn-in liner of plastic sheeting with a valve. The item is intended and designed to be used as a single-use, disposable bag to store and transport dry flowable food products and other bulk materials. The FIBC is composed of 95 percent woven polypropylene strips, 2 percent ultraviolet light protection additive, and 3 percent white pigment. The polypropylene strips forming the fabric from which the FIBC is made measure from 1.8 mm to 2.5 mm in width and meet the width requirement of Section XI, Legal Note 1(g) of the HTSUS. The material used in the construction of the FIBC is considered a textile fabric for tariff purposes. The external surface of the FIBC may be coated or uncoated depending on customer specifications. |
| Reason: The essential character of the modified atmosphere packaging to be the FIBC. |
| Ruling Date: April 13, 2022 |
N324892: The tariff classification of split ductless air conditioner system units from China
| HTS: (When the outdoor and indoor units are imported separately) 8415.90.8065, 9903.88.15, 1.4% + 7.5%, "Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated; parts thereof: Parts: Other: Other: Of heat pumps." |
| (When the split-system air conditioner units that together cool spaces are imported separately) 8415.90.8085, 9903.88.15, 1.4% + 7.5%, Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated; parts thereof: Parts: Other: Other: Other." |
| (Complete split air conditioning systems that heat and cool spaces) 8415.10.6000, 9903.88.03, 1% + 25%, "Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated; parts thereof: Of a kind designed to be fixed to a window, wall, ceiling or floor, self-contained or “split system”: Other: Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps)." |
| (Complete split air conditioning systems that only cool spaces) 8415.10.9000, 9903.88.03, 2.2% + 25%, "Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated; parts thereof: Of a kind designed to be fixed to a window, wall, ceiling or floor, self-contained or “split system”: Other: Other." |
| Items: Outdoor and indoor air conditioning units of different sizes and output capacities, which together make split ductless, Air-Con air conditioning systems. The systems are designed to cool spaces in a home. The outdoor and indoor units will be imported in different shipments and quantities. The indoor unit, which functions as an evaporator, is designed to be mounted to a wall. The outdoor unit primarily consists of a condenser coil and a compressor and is designed to be mounted to the ground or wall. In some instances, the outdoor unit will incorporate a heat pump, allowing the system to cool and heat spaces. |
| Reason: N/A |
| Ruling Date: April 13, 2022 |
N324932: The tariff classification of an outdoor security camera system from China
| HTS: 8525.89.3000, 9903.88.03, free + 25%, “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Television cameras, digital cameras and video camera recorders: Television cameras: Other.” |
| Item: Outdoor Wire-free Security Camera, which is a wireless home security system. This camera system consists of the following: Two wire-free outdoor cameras “EufyCam 2C,” the “HomeBase 2," a user manual, marketing materials, a power adapter, an Ethernet cable, wall mounts, a reset pin needle, two mounting screw packs, a USB charging cable, a HomeKit card, and an installation positioning card. All items are imported together and packaged for retail sale as a set. |
| Reason: The outdoor cameras impart the essential character of this set. |
| Ruling Date: April 13, 2022 |
N324933: The tariff classification of an outdoor security camera system from China
| HTS: 8525.89.5050, 9903.88.03, free + 25%, “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Television cameras, digital cameras and video camera recorders: Other: Other: Other.” |
| Items: Indoor Security Camera. This camera is a single unit wired camera that must be plugged into an electrical outlet to maintain power. The subject camera has a 125-degree field of view, and the lens can pan 360 degrees and tilt 96 degrees vertically, which can be controlled by the user via a joystick on their mobile device or computer. Moreover, the camera has a MicroSD card slot for memory and motion detection for both pets and humans. The subject camera sends video in “real time” to a mobile device, such as a smartphone and it can capture and record video internally onto a MicroSD card which can be inserted into the SD card slot on the camera. This indoor camera cannot record still images internally onto its SD card. In addition, this camera has a subsidiary two-way talk intercom feature. |
| Reason: The item is a camera used as an electronic surveillance tool to provide security to the user’s home. While the item does function within a security network to transmit information, the unit’s ability to capture video/images takes the unit beyond the intended scope of heading 8517. The network connectivity functionality is a secondary or support function. |
| Ruling Date: April 13, 2022 |
N324935: The tariff classification of Milk Tea from China
| HTS: 2202.99.9100, ¢0.2/liter, "Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: Other: Other." |
| Items: A Milk Tea beverage. It is said to contain 78.45 percent water, 8.06 percent modulation milk, 6 percent sugar, 4.6 percent black tea, 2.56 percent cream and less than 1 percent food additives. The product consists of 5.61 percent by volume of total milk solids. The Milk Tea beverage will be imported packaged for retail sale in plastic cups, each holding 280 ml. |
| Reason: N/A |
| Ruling Date: April 13, 2022 |
N325101: The country of origin of LED flameless candles
| Country of Origin: China |
| Item: Battery Operated Wax LED Candle in two sizes. The LED Wax Candles each are comprised of a wax candle and an LED light base, and are packaged in a PVC shell with color paper label. The LED light base consists of a round plastic base with he LED light attached in the middle. The raw wax material is imported from China into Vietnam where the wax is melted, cooled and broken down into powder. The wax powder is extruded into a mold to create the shape and patterned design of the LED candle base, which is pillar candle shell. The faux wick (LED lamp stick) is inserted into the plastic LED light base and then the complete LED light base is inserted onto the pillar candle shell. The assembled LED Wax Candle is inserted into the clear PVC package shell. The LED candles are tested, packaged and packed prior to being shipped to the United States. |
| Reason: Although some of the components, such as the wax pilar candles and the PVC package shells, are produced in Vietnam and the manufacturing process occurs in Vietnam, the LED lamp is the single most important and critical component. It possesses the predetermined end-use for the making of the LED Wax Candles. The use of the article has already been pre-determined upon importation from China to Vietnam. |
| Ruling Date: April 13, 2022 |