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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N327915: The tariff classification of a head-up display for a motorcycle helmet from Germany
| HTS: 8531.20.0040, free, “Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Indicator panels incorporating liquid crystal devices (LCD's) or light emitting diodes (LED): Other.” |
| Item: A head-up display module which is mounted on the forehead area within a motorcycle helmet. The product consists of a PCBA, a lithium-ion battery, an OLED-Micro display and optical lenses to process the OLED image to the rider’s eye. |
| Reason: N/A |
| Ruling Date: Sept. 20, 2022 |
N328027: The country of origin of an electronic music controller
| Country of Origin: Thailand |
| Item: The Push Controller, which is an electronic music controller used in the creation and processing of music. The controller acts as a user interface when connected to a personal computer. When connected to the PC and while utilizing the Ableton Live software, the controller is used to create, sample, and process music as well as control lighting. The controller is comprised of multiple printed circuit board assemblies (PCBAs), an LCD display, and various buttons, toggles, and switches within a plastic and aluminum case. The back of the unit has multiple ports for input and output devices including USB, audio, MIDI, among others. These input and output devices can include a PC, microphone, amplifiers, and musical instruments. |
| Reason: The four PCBAs impart the essential functional component of the finished product. |
| Ruling Date: Sept. 20, 2022 |
N328154: The tariff classification of a bird feeder from China
| HTS: 7615.10.9100, 9903.88.15, 3.1% + 7.5%, “Table, kitchen or other household articles and parts thereof, of aluminum: Table, kitchen or other household articles and parts thereof; pot scourers and scouring or polish pads, gloves and the like: Other: Other." |
| Item: A gray cylindrical bird feeder designed for outdoor use. The item contains a feed tube, cap mount, and diffuser, all made of polycarbonate plastic. The actuator is made of polypropylene plastic. The fixed cap, flip cap, hanger bar, four ports, and decorative base are all aluminum. The seed tray is made of steel. The plastic feed tube contains an aluminum top cap and a steel tray base. A flexible metal wire is attached on each feeder side so the item can be hung. To fill the feeder with bird seeds, the user would press the button on the aluminum top cap and fill the feeder with seeds. There are four aluminum ports where birds can perch on the feeder. The feeder can hold approximately 1.5 pounds of seed. |
| Reason: The feeder is composed of more than one metal. Classification of articles of base metal containing two or more base metals are to be treated as articles of the base metal that predominates by weight over each of the other metals. The metal in the bird feeder that predominates by weight is aluminum. |
| Ruling Date: Sept. 19, 2022 |
N327737: The tariff classification of fruit bars from Canada
| HTS: 2007.99.6520, 10%, "Jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter . . . other . . . other . . . pastes and purees . . . other . . . other." |
| Items: Three flavors of Pure Organic™ Layered Fruit Bars. The bars are flat, rectangular-shaped snack foods. The flavors contain apple puree concentrate, apple juice concentrate, citrus pectin, natural flavor, lemon juice concentrate, in addition to vegetable and fruit juices. Depending on the specific flavor, the bars may also contain the flavor characterizing juice concentrates or purees and citric acid. Strawberry Banana Bar will also contain banana puree. |
| Reason: N/A |
| Ruling Date: Sept. 16, 2022 |
N327743: The classification of a Freshwater Flake Ice Machine with Flake Ice Storage from China
| HTS: 8418.69.0110, 9901.88.01, free + 25%, "Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than the air conditioning machines of heading 8415; parts thereof: Other refrigerating or freezing equipment; heat pumps: Other: Ice making machines." |
| Item: A snow unit consisting of two shipping containers and a blower assembly imported together in the same shipment. The containers are designed to be stacked. The upper container has a production capacity that exceeds one ton, and incorporates an evaporator, condenser, and compressor that freezes liquid into thin ice that is afterwards dropped from the bottom outlet into the inlet of the lower container. The lower container, which also incorporates an evaporator, condenser, and compressor, receives the thin ice. The thin ice can be stored in this container or directly conveyed using a conveyer belt system to the chopping and crushing section within to become flake ice. |
| Reason: N/A |
| Ruling Date: Sept. 16, 2022 |
N327823: The tariff classification of a molded plastic case from China
| HTS: 4202.99.9000, 9903.99.03, 20% + 25%, "other containers and cases, other, other, other." |
| Item: A molded plastic case. In your submission, you stated that it is constructed of 100% acrylonitrile butadiene styrene (ABS). The case is specially fitted to contain individual vials of flavored liquid. The article provides storage, protection, portability, and organization to the vials. |
| Reason: N/A |
| Ruling Date: Sept. 16, 2022 |
N327852: The tariff classification of electrical terminal block modules and rail from Mexico
| HTS: (1)(2)(3) 8536.90.4000, free, “Electric apparatus for switching or protecting electric circuits, or for making connections to or in electrical circuits…: Other apparatus: Terminals, electrical splices and electrical couplings; wafer probers.” |
| (4)(5) 8537.10.9170, 2.7% “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other." |
| Items: (1) The CTD Terminal Junction Bussing Module, which is a rectangular electrical terminal block. Internally, the module incorporates pin-buss bars to make and share electrical connections across multiple terminals. In use, individual wires/contact pins are inserted into the module, which is fastened into a rail or panel mounting system to provide electrical connections. (2) The CTJ Feedback Module, which is a rectangular electrical terminal block. Internally, the module incorporates a pin-buss bar to make and share electrical connections across multiple terminals. In use, individual wires/contact pins are inserted into the module, which is fastened into a rail or panel mounting system to provide electrical connections. (3) The CTJ In-line Receptacle Connector Assembly, which is a rectangle electrical connector. Internally, the module incorporates a pin-buss bar to make and share electrical connections across multiple terminals. In use, individual wires/contact pins are inserted into the Receptacle Module to establish electrical connections. (4) The CTJ4 Series Electronic Component Module, which is a rectangle electrical terminal block. In addition, the module is equipped with an internal printed circuit board assembly having multiple discrete electronic components, such as diodes, resistors, capacitors, and fuses. In use, individual wires/contact pins are inserted into the Component Module to establish electrically filtered and protected connections. All four module are rated at 600 VAC. (5) Thee Terminal Junction Rail Assembly, which is an aluminum mounting rail that is populated with nine Feedback Module Assemblies. |
| Reason: The Component Module incorporates one or more fuses in addition to the terminal strip. The heading description for 8537 is met directly as both the Component Module and the Rail Assembly incorporate two or more apparatus of heading 8536, while both function to electrically connect and/or protect electrical circuits. |
| Ruling Date: Sept. 16, 2022 |
N327887: The tariff classification of an RO Membrane Filter Element from China
| HTS: 8421.21.0000, 9903.88.01, free + 25%, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: For filtering or purifying water.” |
| Item: An RO Membrane Filter Element used in the desalination of seawater, recycling of wastewater, production of drinking water and production of ultrapure water. The filter element measures 1,000 mm long by 200 mm in diameter and is made from a permeate tube core with holes punched in it, a polyamide thin composite film rolled around the core and EPDM rubber seal endcaps to hold it together. |
| Reason: N/A |
| Ruling Date: Sept. 16, 2022 |
N327926: The tariff classification of Brexpiprazole (CAS No. 913611-97-9) in bulk power form, from Taiwan
| HTS: 2934.99.3000, 6.5%, “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs.” |
| Item: Brexpiprazole is an atypical antipsychotic indicated for use as an adjunctive therapy to antidepressants for the treatment of major depressive disorder (MDD) in adults. It is also indicated for the treatment of schizophrenia in adults and pediatric patients ages 13 years and older. |
| Reason: N/A |
| Ruling Date: Sept. 16, 2022 |
N327949: The tariff classification of shooting bags from Cambodia
| HTS: 9305.20.8060, free, “Parts and accessories of articles of headings 9301 to 9304: Of shotguns or rifles of heading 9303: Other: Other: Of rifles.” |
| Item: Shooting bags made of 600-denier polyester, a high-density foam. The bags features tricot linings, easy-grip rubberized zipper pulls, and D-rings. The bags are most commonly used with long guns and are imported filled with either ground corn cobs or ground walnuts. |
| Reason: N/A |
| Ruling Date: Sept. 16, 2022 |