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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N327589: The tariff classification of footwear from China
| HTS: 6402.99.3165, 6%, "Footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics: other: other: other: for women: other." |
| Item: Women’s, open toe/heel, thong sandals that do not cover the ankles. The “V” shaped strap uppers consist of single-piece-molded Polyvinyl chloride rubber or plastic. The Ethylene-vinyl acetate rubber/plastic outer soles are of uniform thickness, measuring approximately 15 mm. The uppers are secured to the outer soles with plugs at the end of each strap and thong. |
| Reason: N/A |
| Ruling Date: Sept. 7, 2022 |
N327603: The tariff classification of Dalbavancin Hydrochloride (CAS No. 2227366-51-8) in bulk powder form, from Italy
| HTS: 2941.90.3000, free, “Antibiotics: Other: Other: Aromatic or modified aromatic.” |
| Item: Dalbavancin Hydrochloride, a semisynthetic lipoglycopeptide antibiotic with bactericidal activity against gram-positive bacteria. It is indicated for the treatment of acute bacterial skin infections. |
| Reason: N/A |
| Ruling Date: Sept. 7, 2022 |
N327936: The tariff classification of vulcanized rubber v-belts from China
| HTS: 4010.39.1000, 9817.00.60, free, "Conveyor or transmission belts or belting, of vulcanized rubber: transmission belts or belting: other: of trapezoidal cross section (V-belts and belting): combined with textile materials." |
| Item: A trapezoidal cross section belt for use on lawn mowers. The belt is composed of vulcanized natural rubber, polyester cord and cotton wrapping. The belt is designed exclusively for incorporation into a residential lawn mower. |
| Reason: Provided the v-belt will actually be used in lawn mowers classified in heading 8433, and the documentary requirements are satisfied, they may qualify for duty-free treatment under 9817.00.60 |
| Ruling Date: Sept. 7, 2022 |
N327939: The tariff classification of a plush stuffed mermaid toy from China
| HTS: 9503.00.0073, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: A plush stuffed mermaid toy constructed from 100% polyester fiber fabric and filling. The mermaid is a full-figured plush doll with arms, red hair and a green fish body with tail fin. The item is principally designed for the amusement of children three to twelve years of age. |
| Reason: N/A |
| Ruling Date: Sept. 7, 2022 |
N327568: The tariff classification of an eye mask, pillowcase, headband, and storage bag from China
| HTS: (1) (4) 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made-up articles, including dress patterns: Other: Other: Other…Other: Other.” |
| (2) 6302.39.0020, 9903.88.15, 4.3% + 7.5%, “Bed linen, table linen, toilet linen and kitchen linen: other bed linen: of other textile materials… other: containing 85 percent or more by weight of silk or silk waste.” |
| (3) 6217.10.1010, 9903.88.15, 2.3% + 7.5%, “Other made-up clothing accessories, containing 70 percent or more by weight of silk or silk waste, Headbands, ponytail holders and similar articles.” |
| Items: (1) A padded eye mask measuring 8 x 3 ½ inches and stuffed with a thin layer of 100 percent polyester fiber fill. The mask features piping around the edges and an elastic band covered with self-fabric that allows the mask to be worn around the head. The eye mask is designed to shield the eyes from light. (2) A pillowcase, measuring 20 x 30 inches, is neither printed nor napped nor does it contain any embroidery, lace, braid, edging, trimming, piping, or applique work. It features a hidden, internal zipper closure along the side opening. The pillowcase is designed to fit over a standard sized bed pillow and protect the pillow from dust, dirt, and stains. (3) A headband encircling the head and features two 7 ½ inch long and 3 ¾ inch wide pieces of fabric. The two pieces of fabric are looped together, and the ends are sewn to each end of a self-fabric covered seven-inch-long and two-inch-wide elastic band. The headband, designed to keep hair out of one’s face, is without any metal or wires. (4) A hemmed pouch, measuring 12 ½ x 7 inches, is used to store the eye mask, pillowcase, and headband when not in use. |
| Reason: Although referred to as a set, the merchandise does not meet all of the qualifications of “goods put up in sets for retail sale.” Three of the articles can be used while sleeping, together, the items do not not “consist of products or articles put together to meet a particular need or carry out a specific activity.” |
| Ruling Date: Sept. 6, 2022 |
N327600: The tariff classification of a steel cooler from China
| HTS: 4202.19.0000, 9903.88.03, 20% + 25%, " trunks, suitcases, vanity cases, and similar containers, other. " |
| Item: A rigid cooler constructed of molded steel that is not covered or coated with another material on the outer surface. The cooler features a stainless steel handle on each side of the cooler. The article is designed to provide storage, protection, portability, and organization of food and beverages. |
| Reason: N/A |
| Ruling Date: Sept. 6, 2022 |
N327614: The eligibility for preferential duty treatment under the Caribbean Basin Economic Recovery Act (CBERA) of raw cane sugar from Barbados
| CBERA Eligibility: The sugar is a product of Barbados and will be entitled to duty-free treatment under the Caribbean Basin Economic Recovery Act if the sum of the cost or value of the material, plus the direct costs of processing operations performed in a beneficiary country or countries is at least 35% of the appraised value of the article at the time it is entered. |
| Item: Raw cane turbinado sugar. The sugar (Product of Barbados) was milled, juiced, clarified, evaporated, filtrated, crystallized, centrifuged, weighted and packaged in Barbados. The finished product is 100 percent raw cane sugar and has a stated polarity of approximately 97.5 to 98.4 degrees. The product contains no added flavoring or coloring. |
| Reason: N/A |
| Ruling Date: Sept. 6, 2022 |
N327640: The tariff classification of a scooter case from China
| HTS: 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, and other." |
| Item: A scooter case, constructed with ethylene vinyl acetate and covered with nylon textile material. The outer surface of the case is coated with plastic sheeting. The case will be imported and set up for retail sale separately from the scooter. The article features a zippered closure along three sides. The interior is specially fitted to hold a scooter. It has one adjustable shoulder strap. The case is designed to provide storage, protection, portability, and organization to a scooter. |
| Reason: N/A |
| Ruling Date: Sept. 6, 2022 |
N327661: The country of origin and marking of audio adapters/dongles
| Country of Origin: Vietnam |
| Marking: Vietnam |
| Items: (1) The Sonos Combo Dongle incorporates an RJ 45 Ethernet connector and a 3.5mm audio input connector on one end, and a USB Type-C connector on the other. It allows compatible Sonos smart speakers to be connected to an audio source, and an Ethernet source, at the same time. (2) The Sonos Line-In Dongle incorporates a 3.5mm audio input connector on one end and a USB Type-C connector on the other. It is designed to take the analog signal from the 3.5mm audio connector, convert it into a USB compliant digital signal and transmit it to the USB Type-C connector. |
| Reason: The printed circuit board assemblies form the dominant component of each adapter/dongle. |
| Ruling Date: Sept. 6, 2022 |
N327717: The tariff classification of women’s blouse from India
| HTS: 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Item: A women’s blouse composed of 60 percent cotton, 40 percent polyester 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 v-neckline with six non-functional buttons that have been sewn onto the left front opening to create the illusion of a button closure; 3/4 inch hemmed sleeves; and a straight, hemmed bottom. |
| Reason: The garment has characteristics common to blouses classified under heading 6106. |
| Ruling Date: Sept. 6, 2022 |