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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N326297: The tariff classification of a six-piece travel kit from China
| HTS: 9605.00.0000, 8.1%, "Travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214). " |
| Item: A six-piece travel kit, item 911892. This kit consists of the following items: two plastic jars with lids, two plastic bottles with flip disc tops, one plastic bottle with a fingertip spray, and one plastic resealable storage bag. The jars and bottles are packaged in the storage bag, sized to hold those specific items. The bag measures approximately 6.6” (L) x 6” (H). |
| Reason: N/A |
| Ruling Date: June 10, 2022 |
N326324: The tariff classification of a musical lamppost from China
| HTS: 8543.70.9860, 9903.88.02, 2.6% + 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” |
| Item: A singing cardinal lamppost. The subject item is fourteen inches tall and is designed to resemble a tree with two branches, topped with a lamp. On each of the branches sits a cardinal and the base appears to be covered with snow. When powered on, the lamp lights up and the birds move and sing the song “We Wish you a Merry Christmas.” The item is designed to be placed on a flat surface as an electronic decorative item. |
| Reason: Neither the lamppost nor the moving and singing birds display any festive motifs. The minimal "greenery" is seasonal and display of this lamppost as a decoration throughout the winter would not be inappropriate. |
| Ruling Date: June 10, 2022 |
N326333: The tariff classification of Glow Circus Suspender Pants from China
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Item: An adult size pair of suspender pants consisting of a pair of oversized harlequin pattern clown pants in neon colors with a hoop waist and suspenders. The flimsy man-made knit textile pants feature a thin, lightweight plastic hoop at the waist stitched with a single line of long loose straight stitching. The hoop measures approximately 22” in diameter. The pants also feature man-made textile suspenders with raw, unfinished edges. The flimsy pants are constructed with long, loose straight stitching. The leg openings are finished with large, visible, loose overlock stitching. The fragile pants cannot be laundered, only spot cleaned. |
| Reason: N/A |
| Ruling Date: June 10, 2022 |
N326404: The tariff classification of a laminated nonwoven fabric from Germany
| HTS: 5603.94.3000, free, “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 150 g/m2: Other: Laminated fabrics.” |
| Item: A plastic coated nonwoven fabric composed wholly of man-made staple fibers. The material is constructed by combining a polyethylene film with a needle punched nonwoven bonded with a heat activated powder. The material weighs 160 g/m2 and will be used primarily to protect flooring from stains and scratches during renovations, moving, painting or high traffic areas. In addition, it is equipped with anti-slip properties to prevent risk of injury and tripping hazards. |
| Reason: N/A |
| Ruling Date: June 10, 2022 |
N326435: The tariff classification of electrical apparatus from Mexico
| HTS: (1) (3) 8538.10.0000, free, "Parts suitable for use solely or principally with the apparatus of heading 8535, 8536, or 8537: Boards, panels, consoles, desks, cabinets and other bases for the goods of heading 8537, not equipped with their apparatus." |
| (2) (4) 8538.90.6000, 3.5%, “Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Molded parts.” |
| (5) 7326.90.8688, 2.9%, "Other articles of iron or steel, other…other." |
| Items: (1) A fuse and relay box assembly consisting of a molded plastic base of Polybutylene Terephthalate, two molded plastic connector position assurances made of PBT, and a silicone rubber seal. The enclosure has numerous holes where electrical terminals will be inserted in one side, and fuses and/or relays are inserted in the other side. The enclosure is intended to house relays and fuses for power distribution in automotive, construction/agriculture machinery, and/or recreational vehicles. (2) A molded plastic PBT cover that fits over the Direct Wire Fuse & Relay Enclosure Assembly discussed above and is secured by two tabs that correspond to the slots on the enclosure. In use, the cover forms the top half of the enclosure and provides a seal against water and dust for the fuses and relays installed within. (3) A fuse housing assembly consisting of a molded plastic base of PBT and a silicone rubber seal. The enclosure has four holes where electrical terminals will be inserted in one side, and fuses are inserted in the other side. In use, the enclosure is intended to house fuses for power distribution in on/off-road vehicles. (4) A molded plastic PBT cover that fits over the 4P Fuse Housing discussed above and is secured by two tabs that correspond to the slots on the enclosure. In use, the Cover forms the top half of the enclosure and provides a seal against water and dust for the fuses installed within. (5) A metal clip made of cold rolled steel with zinc plating that is used to mount the 4P Fuse Housing discussed above to a vehicle surface. In use, the clip is aligned to the housing and then repositioned to snap securely onto the connector. |
| Reason: |
| Ruling Date: June 10, 2022 |
N326467: The tariff classification of plastic trays and a plastic serving dish from China
| HTS: (1) 3924.10.2000, 6.5%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Plates, cups, saucers, soup bowls, cereal bowls, sugar bowls, creamers, gravy boats, serving dishes and platters.” |
| (2)(3) 3924.10.3000, 5.3%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Trays.” |
| Items: (1) A blue oblong-shaped dish with a flat bottom. It measures approximately 17.4 inches long by 5.5 inches wide by 0.98 inches high. The import quote sheet shows that the item is labeled as an “oval tray.” However, you indicate that this article is not wide enough to support and carry dishes, plates, bowls, and drinking vessels, which will, in turn, hold food and beverages. Therefore, this item is not a tray, but a serving dish used to contain and serve food. (2) A round open receptacle that measures approximately 14 inches long by 14 inches wide. It has a flat bottom and a raised rim around the perimeter that measures approximately 0.59 inches in height. The top surface features a printed gold, white star-shaped design on a blue background. This item is of the class or kind of merchandise used to hold, carry or support plates, bowls, and drinking vessels that will, in turn, hold food and beverages. (3) A square-shaped open receptacle that measures approximately 17 inches long by 12.7 inches wide. It has a flat bottom and a raised rim around the perimeter that measures approximately 0.86 inches in height. The top surface features a printed gold, white star-shaped design on a blue background. This item is of the class or kind of merchandise used to hold, carry or support plates, bowls, and drinking vessels that will, in turn, hold food and beverages. |
| Reason: N/A |
| Ruling Date: June 10, 2022 |
N326579: The tariff classification of a ceramic stoneware cup from China
| HTS: 6912.00.4500, 4.5%, “Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Cups valued over $5.25 per dozen.” |
| Items: A ceramic stoneware mug. With the information you provided, this is a handled cup that is glazed and comprised of stoneware ceramic. The cup measures approximately 4.00 inches high with an open- top diameter of approximately 3.30 inches, tapering to a base of approximately 3.07 inches in diameter. The cups will not be imported with or designed to be used with a saucer and are valued at over $5.25 per dozen. |
| Reason: N/A |
| Ruling Date: June 10, 2022 |
N326576: The tariff classification of Infant Formula Powder from Australia
| HTS: (if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 19) 1901.10.1100, 17.5%, “Food preparations of goods of headings 0401 to 0404... Preparations suitable for infants or young children, put up for retail sale: Preparations suitable for infants, put up for retail sale: Containing over 10 percent by weight of milk solids: Other: Infant formula containing oligosaccharides: Described in additional U.S. note 2 to this chapter and entered pursuant to its provisions.” |
| (if entered after the tariff-rate quota has closed) 1901.10.1600, $1.035/kg + 14.9% “Food preparations of goods of headings 0401 to 0404... Preparations suitable for infants or young children, put up for retail sale: Preparations suitable for infants, put up for retail sale: Containing over 10 percent by weight of milk solids: Other: Infant formula containing oligosaccharides: Described in additional U.S. note 2 to this chapter and entered pursuant to its provisions: Other.” |
| Item: various infant formula powder packed in cans with a net weight of 800-grams |
| Reason: N/A |
| Ruling Date: June 10, 2022 |
N326052: The tariff classification of Deucravacitinib Tablets in dosage form, from Ireland
| 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.” |
| Item: Deucravacitinib, imported in 3 mg, 6 mg, and 12 mg tablets, is an oral, selective tyrosine kinase 2 inhibitor. Deucravacitinib is currently undergoing evaluation as a treatment for a variety of autoimmune diseases. |
| Reason: N/A |
| Ruling Date: June 9, 2022 |
N326132: The tariff classification of encapsulated borage oil from Taiwan
| HTS: 2106.90.9998, 6.4%, "Food preparations not elsewhere specified or included . . . other . . . other . . . other." |
| Item: Encapsulated “Borage Oil,” containing approximately 40 percent borage oil, 10 percent gamma-linolenic acid, 25 percent Mitochondria Main Complex and 25 percent rubber capsule ingredients. The product is a daily food supplement and does not have the function of treating diseases. The product will be imported in an ambient condition and bulk packaged in plastic bags within cardboard boxes, 1 kg., net packed. |
| Reason: N/A |
| Ruling Date: June 9, 2022 |