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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N330592: The tariff classification of dish covers from India
| HTS: 6304.92.0000, 6.3%, “Other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of cotton.” |
| Item: A dish cover 2-pack. The dish covers are made of 100% cotton yarn dyed woven fabric. The round covers feature an elasticized edge to allow a snug fit around the dish. Each 2-pack includes two sizes: a small cover measuring 8.25 inches in diameter and a large cover measuring 10.25 inches in diameter. Two different fabric options are offered under this SKU; set one features a red buffalo plaid small cover and a white buffalo plaid large cover while set two depicts snow covered pine trees on a green background on the small cover and a multi-colored plaid on the large cover. |
| Reason: N/A |
| Ruling Date: Feb. 16, 2023 |
N330604: The tariff classification of a submarine cable from the United Kingdom
| HTS: 8544.70.0000, free, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Optical Fiber cables.” |
| Item: A submarine inter-array cable. The subject cable is constructed of three inner electrical conductors and a fiber optic cable enclosed within an outer protective shell. The cables will be used to connect an off-shore wind farm to an on-shore substation. The cables will transmit the power generated by the wind turbines through the electrical conductors as well as all necessary monitoring and control data via the optical cable. |
| Reason: N/A |
| Ruling Date: Feb. 16, 2023 |
N330819: The tariff classification of Super Bang Ring Caps from China
| HTS: 3604.90.0000, 9903.88.15, 6.5% + 7.5%, "Other pyrotechnic articles." |
| Item: Super Bang Ring Caps consisting of 40 circular plastic rings each containing 8 cap shots for a toy gun. Each cap contains less than 0.20 grains of a pyrotechnic composition which is composed of potassium chlorate, red phosphorus sand, and glue. The ring caps are blister packed on a printed paperboard card. |
| Reason: N/A |
| Ruling Date: Feb. 16, 2023 |
N330966: The tariff classification of Hex Key Driver Sets from China
| HTS: 8205.40.0000, 9903.88.03, 6.2% + 25%, "Handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools or water-jet cutting machines; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: screwdrivers, and parts thereof." |
| Item: Three hex key sets that include various t-shaped handled hex key drivers designed for turning hex head screws. The sets are imported with fitted display stands of carbon steel to keep them organized. Each hex key driver is made of chrome vanadium steel with a black oxide finish. The shafts are straight, and the t-handles are made of plastic for a firm grip and easy turning on the main axis like a screwdriver. |
| Reason: N/A |
| Ruling Date: Feb. 16, 2023 |
N330558: The tariff classification of a 3-tier utility cart from China
| HTS: 9403.20.0050, 9903.88.03, free + 25%, “Other furniture and parts thereof: Other metal furniture: Household: Other: Other.” |
| Item: A black 3-tiered metal cart, with three rectangular metal storage trays. The cart is made of a 22 mm tubular black steel frame with four upright tubes on which three rectangular storage trays are mounted. The black metal trays have a grate for a bottom, allowing liquids and debris to pass through. The cart sits atop four swivel casters. |
| Reason: The Explanatory Notes to Chapter 94 say that the term “furniture” means “... any 'movable' articles (not included under other more specific headings of the Nomenclature), which have the essential characteristic that they are constructed for placing on the floor or ground, and which are used, mainly with a utilitarian purpose, to equip private dwellings, hotels..." The subject cart meets this definition of furniture and therefore may be classified in heading 9403. |
| Ruling Date: Feb. 15, 2023 |
N330816: The tariff classification of a decorative photo holder from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: A decorative photo holder consisting of a medium density fiberboard base which resembles a butterfly. The MDF butterfly is painted in green, tan, or grey colors. Extending vertically from the center of the butterfly is an iron wire that is coiled at the top and designed to hold a photograph or card. You state that the butterfly decorative photo holder is comprised of 89% MDF and 11% iron. |
| Reason: N/A |
| Ruling Date: Feb. 15, 2023 |
N330331: The tariff classification of footwear from China
| HTS: 6405.20.9060, 12.5%, "Other footwear: with uppers of textile materials: other: other: for women." |
| Item: A closed-toe/closed-heel, above the ankle unisex surfing bootie. This footwear is designed to protects the wearer against stingray injuries. It consists of both an inner layer and outer layer. The external surface area of the upper is textile covered foam neoprene. The external surface is of the outer sole in contact with the ground is textile covered neoprene. The outer sole features silicon rubber grip dots. The back of the footwear features a functional zipper for the wearer’s in and out access. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2023 |
N330382: The tariff classification of a children’s costume from China
| HTS: 6114.30.3054; 9903.88.15, 14.9% + 7.5%, "other garments, knitted or crocheted: of man-made fibers: other, coveralls, jumpsuits and similar apparel: women’s or girls’: other." |
| Item: A “Dinosaur T-Rex” children’s costume. The well-made costume is constructed of 100% polyester knit fabric. The costume features a coverall with a zipper closure on the back, long sleeves with claws at the end and a large tail. The costume also features a hood that resembles a dinosaur’s face, complete with eyes, teeth, scales with a front opening for the child’s eyes, nose and mouth and a hook and loop tape closure by the chin; as well as a plush egg. |
| Reason: The overall amount of finishing is such that the articles are neither flimsy in nature or construction, nor lacking in durability. |
| Ruling Date: Feb. 14, 2023 |
N330420: The Tariff Classification and Country of Origin of a Sunflower and Canola Seed Oil Blend
| HTS: 1517.90.2040, 8%, “Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter...other...artificial mixtures of two or more of the products provided for in headings 1501 to 1515, inclusive...other...baking or frying fats...wholly of vegetable oils.” |
| Country of Origin: Ukraine |
| Item: Organic sunflower seeds and organic canola seeds are harvested in Ukraine. In Ukraine, impurities are removed from the respective seeds and they are separately crushed, which results in unique sunflower and canola oils. The two oils from Ukraine are then separately transported to Turkey where they are refined, blended together, and placed in a bulk package for shipment to the United States. The Sunflower and Canola Seed Oil Blend is intended for use in frying and other food-grade applications. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2023 |
N330463: The tariff classification of Glipizide Tablets in dosage form, from Spain
| HTS: 3004.90.9291, 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: Other.” |
| Item: Glipizide, imported in 5 mg and 10 mg tablets, is an anti-diabetic medication of the sulfonylurea class. It is indicated as an adjunct to diet and exercise to improve glycemic control in adults with type 2 diabetes mellitus. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2023 |