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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N335263: The country of origin of LED grow lights
| Country of Origin: Hong Kong |
| Item: LED grow lights designed for high-intensity indoor horticulture and high-efficiency greenhouse applications. The grow lights each consist of an LED module, a power supply, lens, heatsink, light box covers and hardware, such as screws, cable, connector, wires, etc. The LED module is made in Hong Kong, the connector is made in Germany, and the rest of the components or materials are made in mainland China. |
| Reason: The manufacturing process of LED module performed by the factory in Hong Kong is complex and meaningful, which constitutes a substantial transformation. In contrast, the assembly processing in China, which assembles the components together with screws, connectors, soldering, etc., is insufficient to amount to a substantial transformation of the PCBA with LEDs. |
| Ruling Date: Oct. 4, 2023 |
N335364: The tariff classification of pet toys from India
| HTS: (1) 5609.00.3000,4.5%, “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers.” |
| (2) 5609.00.1000, 2.9%, “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of cotton. |
| Items: (1) A knotted rope and stuffed leather pet toy. The toy is designed for chewing and sensory play with a dog. The crab-shaped pet toy is comprised of ten knotted rope legs stitched to a leather face. Each 4-inch rope leg is composed of a 41% cotton, 36% polyester, 14% nylon, and 8% acrylic braided rope knotted at the end to prevent unraveling. The crab face is composed of 100% leather and stuffed with 100% coconut fibers. (2) A knotted rope toy designed for playing tug of war with a dog. The tug toy is composed of 98% cotton and 2% jute yarns. |
| Reason: The essential character of the overall products cannot clearly be ascribed to any of the material. Therefore, the pet toys will be classifiable under the chapter which occurs last in numerical order among those which equally merit consideration. |
| Ruling Date: Oct. 4, 2023 |
N335370: The tariff classification of Selumetinib Sulfate (CAS No. 943332-08-9) in bulk crystal form, from Taiwan
| HTS: 2933.99.7500, 6.5%, “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Other.” |
| Item: A mitogen-activated protein kinases 1 and 2 (MEK1/2) inhibitor. It is indicated for the treatment of pediatric patients 2 years of age and older with neurofibromatosis type 1 (NF1) who have symptomatic, inoperable plexiform neurofibromas (PN). |
| Reason: N/A |
| Ruling Date: Oct. 4, 2023 |
N335595: The tariff classification and country of origin of hoses from Thailand
| HTS: 3917.39.0010, 3.1%, "Tubes, pipes, and hoses and fittings therefor (for example, joints, elbows, flanges), of plastics: other tubes, pipes and hoses: other: reinforced with metal." |
| Country of Origin: Thailand |
| Items: Hoses used to connect a washing machine to a water source in the home. These hoses are composed of extruded polyvinyl chloride, reinforced with a braided stainless-steel sleeve and fitted on both ends with brass fittings. |
| Reason: The reinforcement with braided materials, cutting to length, and the addition of the Chinese fittings does not substantially transform the hose. |
| Ruling Date: Oct. 4, 2023 |
N335218: The tariff classification of an infrared pet thermometer from China
| HTS: 9025.19.8010, 9903.88.02, free + 25%, “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Thermometers and pyrometers, not combined with other instruments: Other: Other: Clinical: Infrared thermometers of a kind described in statistical note 2 of this chapter.” |
| Item: Non-contact infrared thermometer for dogs. The device allows pet owners and veterinarians to monitor the temperature of dogs without direct contact, thereby enhancing the safety and comfort of the animals. The thermometer has a Liquid-Crystal Display screen, power on and temperature reading button, temperature memory recall button, silent mode button, and an infrared sensor. |
| Reason: N/A |
| Ruling Date: Oct. 3, 2023 |
N335248: The tariff classification of a solution that will be part of a lithium ion accumulator from Korea
| HTS: 3824.99.9397, 5%, "Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other." |
| Item: A solution that will undergo further processing to become an electrolyte for a lithium ion accumulator. The solution will consist of lithium hexafluorophosphate, and ethyl methyl carbonate. |
| Reason: N/A |
| Ruling Date: Oct. 3, 2023 |
N335250: The tariff classification of partially complete air compressors from the United Kingdom
| HTS: 8414.90.4165, free, "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: Parts: Of compressors: Other: Other: Other: Compressor housings." |
| Items: 23 partially complete air compressors. At importation, each compressor will consist of a container that functions as an enclosure for the air compressors, and a customized chassis that has side rails and various mounting brackets and supports for the air end, engine, and pipework. The rectangular shaped containers feature access doors, specifically located mounting holes and brackets to secure the chassis, and various inlets and outlets. |
| Reason: As imported, the partially complete air compressors are unable to compress or amplify air pressure. |
| Ruling Date: Oct. 3, 2023 |
N335288: The tariff classification of Butterfly Pea Flower Extract from China
| HTS: 3203.00.8000, 9903.88.03, 3.1% + 25%, "Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other. " |
| Item: Butterfly Pea Flower Extract in a liquid concentrate form. It is intended to be used as a color additive for the food industry. The flower is a perennial herbaceous plant, with elliptic, obtuse leaves. It grows as a vine or creeper, and produces flowers that are a vivid deep blue, solitary, with light yellow markings. The flowers are harvested for use as a natural food coloring and fiber dye. During the production process in China, the flower goes through water extraction, filtration, concentration, pasteurization, and packaging for export. |
| Reason: N/A |
| Ruling Date: Oct. 3, 2023 |
N335355: The tariff classification of a bubble machine 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 toy bubble machine consisting of a battery-operated plastic toy bubble maker. The front of the item is open exposing the bubble wand that is shaped like a fan with 10 arms, each having a loop at its end. To operate, the liquid chamber is filled with bubble liquid which, when turned on, causes the bubble wand to rotate. As the bubble wand rotates, it picks up a small quantity of bubble liquid from the bottom of the machine, which is then “blown out” into the room as the loop reaches the top of the machine. |
| Reason: N/A |
| Ruling Date: Oct. 3, 2023 |
N335281: The tariff classification of metal electrical cabinets from China
| HTS: 9403.20.0090, 9903.88.03, free + 25%, “Other furniture and parts thereof: Other metal furniture: Other: Other.” |
| Items: Wall-mounted metal cabinets for use by security integrators and low-voltage alarm installers. They are constructed of 18-gauge powder-coated sheet metal and are used to house and protect electrical and electronic equipment. The cabinets are imported empty without internal or external fittings or connectors and are made in China. They are identical with the exception of their dimensions. |
| Reason: N/A |
| Ruling Date: Oct. 2, 2023 |