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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N326075: The tariff classification of the ClearView Smoke Evacuation System from Mexico
| HTS: 8421.39.0115, 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: Dust collection and air purification equipment: Other.” |
| Item: The ClearView Smoke Evacuation System, which is a compact surgical smoke filtering machine used by surgeons. The device has three ports that accommodate a variety of air tube sizes. In operation, the user will attach a long plastic air tube into a port in the machine and plug the power cord into the wall. The smoke evacuation system draws the surgical smoke through the tube and into the filter located in the machine. Clean air is then emitted from the machine. The ULPA filtration is said to remove 99.999% of the smoke contaminants. The smoke evacuation system has multiple settings for multiple procedures, including three flow settings to meet the needs of different procedure types. The filter has a life expectancy of 35 hours and automatically tracks and records the filter life. The device is imported with the smoke evacuation system, an AC power cord, automatic activation device, pneumatic footswitch, operator’s manual, and a filter. |
| Reason: N/A |
| Ruling Date: May 23, 2022 |
N326206: The tariff classification of party decorations from China
| HTS: 9505.90.4000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof.” |
| Item: “Awards Night Buffet Decorating Kit,” which consists of a coordinated collection of Oscar party themed flimsy paper, one-time use decorations. The kit includes various tabletop decorations and a party banner. The insubstantial items are merely temporary decorative items and serve no utilitarian purpose. The collection includes a wall banner measuring approximately 11’ in length featuring fragile 7” tall paper letters. The letters are strung onto a string or ribbon for display with ends ties in loops for hanging. The temporary decoration is delicate and not suitable for more than a one-time use. The table decorations include a folded tabletop sign, four lightweight paper bottle tags, six fragile paper drink markers, two star-spangled paper tent cards, and two small tabletop paper signs. All the disposable paper decorations are flat packed in a single polybag with a header card and marketed and sold as temporary party decorations. |
| Reason: N/A |
| Ruling Date: May 23, 2022 |
N325856: The tariff classification of citron ginger honey tea preserves from South Korea
| HTS: 2008.97.9094, 14.9%, "Fruit, nuts and other edible parts of plants … otherwise prepared or preserved … other, including mixtures … mixtures … other … other … other." |
| Item: “Citron Ginger Honey Tea Preserve” is described as having a jelly-like consistency and can be used for tea, jam, salad dressing or a beverage base. The product contains citron in sugar, approximately 47 percent sugar, oligosaccharides, ginger in sugar, honey, purified water, citric acid, carrageenan gum and vitamin C. It is prepared by removing the raw materials from storage, thawing, measuring, rinsing, blending, sterilizing, filling and sealing into jars. The product will then be subjected to another phase of sterilization at a temperature of approximately 70 degrees Celsius for approximately 4 to 5 minutes. Citron Ginger Honey Tea Preserve will be imported for retail sale at an ambient temperature and will be packaged in 70.54 oz. glass jars. |
| Reason: Based on the composition of the ingredients, detailed descriptions of each ingredient, and the processing operations provided, the product will be classified more specifically than in an a basket provision. |
| Ruling Date: May 20, 2022 |
N326117: The tariff classification of a Bluetooth Party Speaker from China
| HTS: 8518.22.0000, 9903.88.15, free + 7.5%, “Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures…: Loudspeakers, whether or not mounted in their enclosures: Multiple loudspeakers, mounted in the same enclosure.” |
| Item: The Vivitar Bluetooth Party Speaker. Its case is made from plastic and incorporates an LED light display that flash when the speaker is activated. It contains two speakers within its case/housing. This product solely uses Bluetooth connectivity to access a music source. It cannot read audio files from or record to a semiconductor medium. Further, it cannot receive FM/AM radio signals. At the top of the housing is a slot to hold a tethered smart phone. It is powered by a rechargeable lithium-ion battery. |
| Reason: N/A |
| Ruling Date: May 20, 2022 |
N323691: The tariff classification of women’s upper body garments from Vietnam
| HTS: (1)(2) 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| (3) 6109.10.0060, 16.5%, “T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of Cotton. Women’s or girls’: Other: Tank tops: Women’s”. |
| Items: A woman’s 3-piece cardigan and tank set; made up of: (1) women’s knit shirt constructed from 57 percent cotton, 38 percent polyester and 5 percent spandex rib knit fabric that measures more than 10 stitches per linear centimeter measured in both directions. The garment extends from the shoulders to below the waist and features a front V-neckline with a full front opening secured with a right-over-left five button closure, long sleeves and a straight hemmed bottom. (2) A women’s knit shirt constructed from 57 percent cotton, 38 percent polyester and 5 percent spandex rib knit fabric that measures more than 10 stitches per linear centimeter measured in both directions. The garment extends from the shoulders to below the waist and features a front crew neckline with a full front opening secured with a right-over-left six-button closure, long sleeves and a straight hemmed bottom. (3) A women’s sleeveless tank top constructed from 57 percent cotton, 38 percent polyester and 5 percent spandex knit fabric. The garment features a sweetheart neckline, a high rear neckline below the nape of the neck, 2-inch shoulder straps and a straight hemmed bottom. The garment extends from the shoulders to below the waist. |
| Reason: N/A |
| Ruling Date: May 19, 2022 |
N325631: The tariff classification of Vancomycin Hydrochloride for Injection in dosage form, from China
| HTS: 3004.20.0060, 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, containing antibiotics: Other: Other.” |
| Item Vancomycin Hydrochloride for Injection, imported in 500 mg, 1 gram, 5 gram and 10 gram vials, is a glycopeptide antibiotic. It is indicated for the treatment of serious or severe infections caused by susceptible strains of methicillin-resistant (ß-lactam-resistant) staphylococci. |
| Reason: N/A |
| Ruling Date: May 19, 2022 |
N325637: The tariff classification, country of origin and eligibility of the United States-Mexico-Canada Agreement (USMCA) of Fermentation Starters from Canada
| HTS: 1701.99.1050, 3.6606 ¢/kg less 0.020668 ¢/kg for each degree under 100 degrees but not less than 3.143854 ¢/kg, “Cane or beet sugar and chemically pure sucrose, in solid form: Other: Other: Described in additional U.S. note 5 to this chapter and entered pursuant to its provisions: Other: Other.” |
| If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions: 1701.99.5050, ¢35.74/kg, “Cane or beet sugar and chemically pure sucrose, in solid form: Other: Other: Other: Other: Other.” |
| Country of Origin: Brazil or Columbia |
| USMCA Eligibility: Eligibile if entered under the quantitative limitations set by the Secretary of Agriculture and under subheading 9823.09.09 |
| Item: Two Fermentation Starters. (1) FermGo FG-01 is said to contain 99 percent granulated sugar and 1 percent active yeast. (2) FermGo FG-02 is said to contain 99.98 percent granulated sugar, 0.1 percent active yeast and 0.1 percent inactive yeast cell hulls. The granulated sugar (product of Brazil or Columbia) and yeast (product of the European Union) are blended, homogenized and packed in Canada. The finished product will be shipped to the United States in approximately 2,100-2,400-pound supersacks or 44-pound bags. The Fermentation Starter products will be used in the commercial manufacturing of alcoholic beverages. |
| Reason: The granulated sugar from Brazil or Columbia is the single component classified in a tariff provision from which a change in tariff classification is not allowed. The Fermentation Starters are not originating pursuant to GN 11. Paragraph (b)(3) allows for an additional quantity of goods, which may be made from nonoriginating raw sugar, to be entered under subheading 9823.09.09, HTSUS, provided other applicable conditions for preferential tariff treatment under GN 11 are met. Accordingly, the Fermentation Starters may be entered under subheading 9823.09.09 if they meet the additional quantitative limitations. |
| Ruling Date: May 19, 2022 |
N325651: The tariff classification and country of origin of Bivalirudin for Injection in dosage form
| HTS: 3004.90.9220, 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: Cardiovascular medicaments.” |
| Item: Bivalirudin for Injection, imported in 250 mg vials, is an anticoagulant. It is indicated for patients undergoing percutaneous coronary intervention, including patients with heparin-induced thrombocytopenia or heparin-induced thrombocytopenia and thrombosis syndrome. |
| Reason: N/A |
| Ruling Date: May 19, 2022 |
N325837: The tariff classification of strung wooden bead decorations from China
| HTS: 4420.19.0000, 3.2%, "Statuettes and other ornaments, of wood, other than tropical wood." |
| Items: (1) “Beads strand with tassel,” consists of 37 multicolored wooden beads strung on a jute rope with a jute tassel at each end. (2) is similar to the first item, differing only in length. It consists of 59 total beads and measures 21.5” in length. The beads are not intended or marketed as Christmas tree decorations. They will be sold at Dollar General Stores as part of their 2023 Home Décor Early Spring Season, and the hang tags read, “This decoration is for indoor use only.” |
| Reason: N/A |
| Ruling Date: May 19, 2022 |
N325888: The tariff classification of footwear from China
| HTS: 6404.11.9050, 9903.88.15, 20% + 5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12/pair: for women: other" |
| Item: A closed-toe/closed-heel, below the ankle, women’s shoe. The external surface area of the upper is predominantly textile material. The shoe features a cushioned insole and heel, a separate padded tongue, a foxing-like band, and a lace closure. The flexible rubber/plastics outer sole has several deep indentations as well as many small indents that provide traction. The shoe possesses the general appearance and characteristics associated with that of athletic footwear. The F.O.B. value is over $12 per pair. |
| Reason: N/A |
| Ruling Date: May 19, 2022 |