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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N327283: The tariff classification of Bisoprolol Fumarate Tablets in dosage form, from India
| 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: Bisoprolol Fumarate, imported in 5 mg and 10 mg tablets, is a beta-1 adrenergic blocking agent. It is used to prevent myocardial infarction and heart failure. It is also indicated for the treatment of mild to moderate hypertension. |
| Reason: N/A |
| Ruling Date: Aug. 18, 2022 |
N327288: The tariff classification of Cyanocobalamin Injection in dosage form, from France
| HTS: 3004.50.5020, 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 vitamins or other products of heading 2936: Other: Other: Single vitamins: Other.” |
| Item: Cyanocobalamin Injection, imported in 1,000 mcg/mL, 10,000 mcg/10 mL, and 30,000 mcg/30 mL vials, is a synthetic form of Vitamin B12. It is indicated for the treatment of Vitamin B12 deficiencies due to malabsorption which may be associated with Addisonian (pernicious) anemia, gastrointestinal pathology, small bowel bacterial overgrowth, fish tapeworm infestation, malignancy of the pancreas or bowel and folic acid deficiency. |
| Reason: N/A |
| Ruling Date: Aug. 18, 2022 |
N327369: The classification of fans and coolers from China
| HTS: (1), (2) and (3) 8414.59.1500, 9903.88.03, free + 25%, "Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Fans: Other: Fans of a kind used solely or principally for cooling microprocessors, telecommunications apparatus, automatic data processing machines or units of automatic data processing machines." |
| (4) and (5) 8473.30.5100, 9903.88.03, Free + 25%, "Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other." |
| Items: (1) A PC fan, primarily consisting of a plastic housing, an axial fan, and an LED strip that lights up as the fan blades rotate. The PC Fan is contoured to fit within the casing of a PC and features a three-pin connector that permits its connection to the motherboard of a PC. The PC Fan dissipates heat and keeps the system of the PC cool while in operation. (2) A PC fan, primarily consisting of a plastic housing, an axial fan, an LED strip that lights up as the fan blades rotate, and an electronic controller. The fan is contoured to fit within the casing of a PC and features a SATA type of connector that permits its connection to the motherboard of a PC. The PC Fan dissipates heat and keeps the system of the PC cool while in operation. (3) A fan primarily consisting of a plastic housing, and an axial fan. The fan is contoured to fit within the casing of a PC and features a four-pin connector that permits its connection to the motherboard of a PC. The fan dissipates heat and keeps the systems of the PC cool while in operation. (4) Performa CPU Air Cooler, which consists of an electric fan, heat pipe, heatsink, plastic housing, and radiator. The Performa is intended to be mounted directly to the central processing unit (CPU) of a PC for the purpose of dissipating heat generated during operation. (5) Reserator5 CPU Liquid AOI Cooler, which consists of a dual blade water pump, plastic housing, radiator, and three electric fans. On the pump housing are LED lights that are connected to the motherboard that support RGB lighting controls. The Reserator5 is intended to be mounted directly to the CPU of a PC for the purpose of dissipating heat generated during operation. |
| Reason: N/A |
| Ruling Date: Aug. 18, 2022 |
N327400: The tariff classification of a Teleprompter Base and Tripod Adapter from China
| HTS: 7616.99.5190, 9903.88.03, 2.5% + 25%, "Other articles of aluminum, other…other." |
| Items: (1) A complete, unassembled base for a teleprompter. Each imported base is composed of an aluminum frame, base, frame holder, camera mount, polyester hood, carbon fiber rods, steel screws, and hex tools. The aluminum components are made from type 6061 aluminum alloy sheets that have undergone computer numerical control (“CNC”) machining. The aluminum components make up the most significant portion of the Teleprompter Base. (2) An adapter used to attach a camera to a tripod. Each Tripod Adapter consists of two subassemblies, the threaded mount and rectangular slide, which are attached to form the finished product. The Tripod Adapter is a composite article comprised of die cast aluminum, steel, stainless steel, acrylonitrile-butadiene-styrene (ABS) plastic, and copper, in which the aluminum predominates by weight. The aluminum components are machine cut from type 6061 aluminum alloy plates. The product is complete and ready for retail sale at the time of importation. |
| Reason: The aluminum provides the vast majority of the bulk and weight to the Tripod Adapter and therefore imparts the essential character to the composite article. |
| Ruling Date: Aug. 18, 2022 |
N327456: The tariff classification of a cosmetic roller stamp applicator from Japan
| HTS: 9611.00.0000, 2.7% “Date, sealing or numbering stamps and the like, (including devices for printing or embossing labels), designed for operating in the hand; hand-operated composing sticks and hand printing sets incorporating such composing sticks.” |
| Items: A cosmetic roller stamp applicator. The purpose of this applicator is to apply a pattern to the user’s skin with the embossed silicone roller. Cosmetics are transferred to the skin with the roller, creating a pattern. The cosmetic roller stamp applicator includes a wood handle, brass pipe, plastic frame and roller holder, and a silicone roller. |
| Reason: N/A |
| Ruling Date: Aug. 18, 2022 |
N327482: The tariff classification of four models of video game controllers packaged with a zippered case from China
| HTS: (1) 9504.50.0000, free, “Video game consoles and machines, articles for arcade, table or parlor games…: Video game consoles and machines, other than those of subheading 9504.30, and parts and accessories thereof. |
| (2) 8526.92.1000, free, “Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Radio remote control apparatus: Radio remote control apparatus for video game consoles.” |
| (3) 4202.92.9700, 9903.88.03, 17.6% + 25%, "Other containers and cases, with outer surface of sheeting of plastic or of textile material, other, other, other, other." |
| Items: Four video game controllers are specifically designed to be used with the Nintendo Switch console. Each model is packaged with a zippered case having a matching colorful printed design. (1) Three models are wired controllers which operate when plugged directly into a game console. (2) One model is a wireless controller that operates via radio frequency. (3) A case large enough to fit the handheld switch console and has a few slots for game cards. |
| Reason: Although the controllers and the cases are packaged together for retail sale, they are not considered a set for tariff purposes since each item may be used alone for distinctly different activities. |
| Ruling Date: Aug. 18, 2022 |
N327521: The country of origin of curtain panels from Guatemala
| Country of Origin: Guatemala |
| Item: A curtain panel. The fabrics comprising the curtain panel are neither dyed nor printed. |
| Reason: The country of origin is conferred by the last country in which an important manufacturing assembly occurred. |
| Ruling Date: Aug. 18, 2022 |
N327551: The tariff classification of women’s trousers from China
| HTS: 6113.00.1012, 9903.88.15, 3.8% + 7.5%, “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.” |
| Item: A pair of ladies’ pull-on pants. The front panels are constructed from 100% knit polyester fabric coated with a cellular polyurethane material that completely obscures the underlying fabric. The back panels are constructed from 69% rayon, 29% nylon, 5% spandex knit fabric. The pants are unlined and feature hemmed leg openings. |
| Reason: Chapter 61, Note 8 states, “Garments which are prima facie, classifiable both in heading 6113 and in other headings of this chapter, excluding heading 6111, are to be classified in heading 6113.” |
| Ruling Date: Aug. 18, 2022 |
N327599: The tariff classification of a hypnotic aquarium from China
| HTS: 9503.00.0090, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…Other.” |
| Item: A hypnotic aquarium consisting of a clear cylindrical LED-lighted desktop aquarium having a solid top and base measuring approximately 6.5” in height by 2.75” in diameter. The aquarium contains either 3 silica gel clown fish, turtles, or seahorses. The sea creatures are intended to provide a mesmerizing ambiance just like their real counterparts. The “aquarium” contains an LED light at the base to illuminate the solution and the floating items. When the aquarium is turned on, the water inside is agitated to make the silica gel sea creatures move around within the cylinder. |
| Reason: N/A |
| Ruling Date: Aug. 18, 2022 |
N327637: The tariff classification of a women’s hooded blouse from Indonesia. Correction to Ruling N327074.
| HTS: 6106.20.2010, 32%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of man-made fibers: Other: Women’s. The duty rate will be 32 percent ad valorem." |
| Item: A women’s hooded blouse constructed from 62 percent polyester, 34 percent rayon and 4 percent spandex terry knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a pieced hood with a drawstring closure, long sleeves with self-fabric cuffs, and a self-fabric banded bottom. |
| Reason: N/A |
| Ruling Date: Aug. 18, 2022 |