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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N325926: The Classification for Hemp Seed Fines from Canada
| HTS: 1207.99.0360, free, "Other oil seeds and oleaginous fruits, whether or not broken: Other: Other: Hemp seed: Other." |
| Item: Hemp Seed Fines. 100% whole hemp seeds which contain fragments of hemp hulls, hulled hemp seeds fragments, and hemp seed epicotyl. The whole hemp seeds are heated for sterilization, destoned and sorted. The hemp seeds are de-hulled through a series of impact hullers, splitting the seed coats. The hulls and fine particles are separated using a series of aspiration and screening. The fine particles will be imported into the U.S., packed in bulk totes. The Hemp Seed Fines will be sold to food manufacturers for further processing and/or used as a food ingredient. |
| Reason: N/A |
| Ruling Date: May 26, 2022 |
N325927: The Country of Origin and Marking for Organic Hemp Hearts from Canada
| Country of Origin: United States |
| Item: Organic Hemp Hearts. 100% hulled hemp seeds dehulled from whole hemp seeds. Whole hemp seeds (Product of USA) are received, heated, destoned; sorted, dehulled and packaged in Canada. Organic Hemp Hearts will be packaged in pouches for retail sale with a net weight of 189 grams. |
| Reason: Since there is only one material, the whole hemp seeds provide the essential character, which were produced in the United States. |
| Ruling Date: May 26, 2022 |
N325962: The tariff classification of Network Video Recorders from China
| HTS: 8521.90.0000, 9903.88.15, free + 7.5%, “Video recording or reproducing apparatus, whether or not incorporating a video tuner: Other.” |
| Items: Network Video Recorders, which are used to record security video surveillance footage and to reproduce the video |
| Reason: N/A |
| Ruling Date: May 26, 2022 |
N326016: The country of origin of an electronic vaping device
| Country of Origin: Malaysia |
| Item: An electronic vaping device comprised of a metal enclosure within which is a printed circuit board assembly, rechargeable battery, battery plugs, flexible printed circuit assembly, LED light, neodymium magnets,and gasket. The PCBA is manufactured, through surface mount technology in Malaysia. The process as complex and involving the addition of various electronic components which, when finished, will act as the primary controlling apparatus of the finished device. This PCBA is then sent to China where it is combined with all remaining components of the finished device. Per your request, these remaining components originate from China. |
| Reason: PCBA manufactured in Malaysia imparts the essential functional component of the finished device. Further, the assembly process performed in China is not significantly complex in order to allow the individual components to lose their identities. |
| Ruling Date: May 26, 2022 |
N326070: The tariff classification of a fiber-cement fire pit from China
| HTS: 6811.89.9000; 9903.88.03, free + 25%, “Articles of asbestos-cement, of cellulose fiber-cement or the like: Not containing asbestos: Other articles: Other articles.” |
| Item: A faux concrete fire table designed to be used outdoors as a heat source. The outer body of the fire pit consists of a material referred to as “Envirostone,” composed of magnesium oxide cement mixed with glass fibers, and further reinforced with a layer of fiberglass mesh. This outer body houses a propane-fueled burner system. |
| Reason: N/A |
| Ruling Date: May 26, 2022 |
N326081: The tariff classification of an LED module from China
| HTS: 8539.51.0000, 9903.88.03, free + 25%, “Electrical filament or discharge lamps, including sealed beam lamp units and ultraviolet or infrared lamps; arc lamps; light-emitting diode (LED) light sources; parts there of: Light-emitting diode (LED) light sources: Light-emitting diode (LED) modules.” |
| Item: An LED module consisting of a round aluminum printed circuit board with three LEDs mounted on. Two electric wires are affixed to the board. It is stated that PCB is low voltage and will connect to the driver. It does not have a cap designed for easy installation onto a luminaire. The LED module is a light source to be installed onto a ceiling lighting fixture. |
| Reason: N/A |
| Ruling Date: May 26, 2022 |
N324974: The tariff classification of a plastic water bottle from China
| HTS: 9405.49.0000, 3.9%, “Luminaires and lighting fittings…: Other.” |
| Item: A double-walled plastic water bottle. The outer body of the water bottle and finger loop holder is made of ethylene vinyl acetate plastic. The inside of the bottle is made of polyethylene. The water bottle is cylindrical and contains a finger loop holder attached to the cap. It can be used to either carry the bottle or as a place to position a finger when twisting off the cap. |
| Reason: N/A |
| Ruling Date: May 25, 2022 |
N325742: The tariff classification of adhesive lint rollers from China
| HTS: 4811.41.2100, 9903.88.03, free + 25%, "Paper, paperboard, cellulose wadding and webs of cellulose fibers, coated, impregnated, covered, surface-colored, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size, other than goods of the kind described in heading 4803, 4809 or 4810: Gummed or adhesive paper and paperboard: Self-adhesive: Other (other than in strips or rolls of a width exceeding 15cm or in rectangular (including square) sheets with one side exceeding 36cm and the other side exceeding 15cm in the unfolded state): In strips or rolls." |
| Item: A molded plastic handle with roller mechanism and a cardboard roll covered with self-adhesive paper wrapped with a layer of protective paper. The item is used to remove dust, threads, hair, and dandruff from clothes. The cardboard roll with adhesive paper is discarded after use and is replaceable. |
| Reason: The adhesive paper roll imparts the essential character. |
| Ruling Date: May 25, 2022 |
N325758: The tariff classification of YESCARTA® (Axicabtagene Ciloleucel) from the Netherlands
| HTS: 3002.51.0000, free, “Cell cultures, whether or not modified: Cell therapy products.” |
| Items: A CD19-directed genetically modified autologous T cell immunotherapy. It is indicated for the treatment of adult patients with relapsed or refractory large B-cell lymphoma after two or more lines of systemic therapy, including diffuse large B-cell lymphoma not otherwise specified, primary mediastinal large B-cell lymphoma, high-grade B-cell lymphoma, and DLBCL arising from follicular lymphoma. |
| Reason: N/A |
| Ruling Date: May 25, 2022 |
N325782: The tariff classification of garments from China
| HTS: (1) 6114.30.1020, 9903.88.15, 28.2% + 7.5%, "Other garments knitted or crocheted: Of man-made fibers: Tops, Women’s or girls’. The rate of duty will be 28.2 percent ad valorem." |
| (2) 6212.10.9020, 9903.88.15, 16.9% + 7.5%, "Brassieres…whether or not knitted or crocheted: Brassieres: Other: Other: Of man-made fibers." |
| Items: (1) A woman’s crop top composed of 92 percent nylon and 8 percent elastane knit fabric. The sleeveless tight-fitting top does not reach the waist and features a scooped front and racer-back neckline with center logo, 1-inch shoulder straps and a 1-inch elasticized banded bottom. The sewn-in lining features a built-in shelf bra with perforated removable cups, and a 1-inch elasticized banded bottom. (2) A sports bra constructed of 94% polyamide and 6% elastane knit fabric. The bra features a scooped front neckline, two ply fabric, change in knit patterns, 1-¼ inch wide shoulder straps, a racer back, elasticized edging on straps and necklines, perforated removeable cups, and a 1-¾ inch elasticized bottom band. |
| Reason: N/A |
| Ruling Date: May 25, 2022 |