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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N338404: The tariff classification of Iron Sucrose Injection USP in dosage form, from India
| 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: Iron Sucrose Injection is a sterile aqueous complex of polynuclear iron (III)-hydroxide in sucrose for intravenous use. It is an iron replacement drug indicated for the treatment of patients with chronic kidney disease experiencing iron deficiency anemia. |
| Reason: N/A |
| Ruling Date: March 15, 2024 |
N338354: The tariff classification of women’s blouses from China, India, and Indonesia
| HTS: (1), (2) 6206.30.3045, 9903.88.15, 15.4% + 7.5%, "Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other: Other: Other: Women’s: Other." |
| Item: (1) A woman’s blouse. The garment features a pointed collar, short sleeves, a hemmed bottom, and a full front opening secured by six button closures. The garment extends from the shoulders to the waist area. (2) A woman’s blouse constructed from 100% cotton woven fabric. The garment features a pointed collar, long sleeves with button cuffs, a hemmed bottom, and a full front opening secured by six button closures. The garment extends from the shoulders to the waist area. |
| Reason: N/A |
| Ruling Date: March 15, 2024 |
N333277: The tariff classification of a bonded chenille multi-layer fabric from China
| HTS: 5801.36.0020, 9903.88.15, 9.8% + 7.5%, "Woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: Of man-made fibers: Chenille fabrics: Other." |
| Item: A bonded fabric composed of 4 layers. The top layer is other than plain, satin or twill weave construction and is composed wholly of polyester that is laminated on one surface with a polyurethane plastic type material. The lamination is bonded on the other surface to a double knit layer composed wholly of polyester that is bonded to a nonwoven layer composed wholly of polyester. The nonwoven layer has an application of a dotted pattern of a polyvinyl chloride plastic type material. The top layer is composed of chenille yarns on both sides of the fabric. |
| Reason: The fabric is constructed with chenille yarns. Note 1 to Chapter 58 says such fabrics may not be classified in Chapter 59 |
| Ruling Date: March 15, 2024 |
N338890: The tariff classification of polyethylene bags from Thailand
| HTS: 3923.21.0030, 3%, "Articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: reclosable, with integral closure: other." |
| Item: A 3.5-gallon extra-large capacity marinating bag. The bag is constructed of 3.5 mil polyethylene and has an integral extruded closure, easy grip handle and stand-up bottom. The bag is designed to be leakproof and puncture resistant to allow for the marinating of meat, whether in the refrigerator or freezer. |
| Reason: N/A |
| Ruling Date: March 18, 2024 |
N338884: The tariff classification of a rubber seal from India
| HTS: 4016.93.5050, 2.5%, "Other articles of vulcanized rubber other than hard rubber: other: gaskets, washers and other seals: other: other." |
| Item: An endless seal composed of vulcanized compact ethylene propylene diene monomer rubber. It is intended solely for use as a seal in plastic pails/buckets. |
| Reason: The item is not a primary form, plate, sheet, or strip, but is a finished article intended for use as a seal. Therefore, classification in 4002.70.0000 is precluded. |
| Ruling Date: March 18, 2024 |
N338578: The tariff classification of an automated steering wheel from China
| HTS: 8708.94.1000, 9903.88.03, free + 25%, “Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Steering wheels, steering columns and steering boxes; parts thereof: Steering wheels, steering columns, and steering boxes: For tractors suitable for agricultural use.” |
| Item: An Automated Steering Wheel. The wheel is used in conjunction with the Hemisphere GNSS Outback Maverix guidance system. It consists of a steering wheel and an electric motor. The motor’s function is to rotate the steering wheel and is remotely controlled by the Edrive GPS unit with the Maverix smart antenna. The wheel is designed to replace the existing steering wheel for the agricultural equipment. The wheel is controlled by the Edrive GPS module, which sends signals to the wheel to rotate the steering shaft based on preprogrammed coordinates. The wheel is specifically designed for agricultural applications. The Edrive console is pre-programmed with a terrain map that the agricultural vehicle is meant to cover. |
| Reason: HQ H252640 discussed an article similar to the ESI2 steering wheel and determined that it is correctly classified in the 8708 section. |
| Ruling Date: March 18, 2024 |
N338541: The tariff classification of the battery-operated “Arcade Alley Tabletop Pinball” machine from China
| HTS: 9504.90.4000, free, "Articles for arcade, table or parlor games…: Other: Game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; parts and accessories thereof." |
| Item: A single player, small-scale, pinball machine. The game’s motif is that of spaceships shooting aliens in outer space. It functions with 5 metal balls that are spring-shot by the manual launcher propelling them to hit the interior bumpers which set off the electronic lights and sounds. The game has dual working flippers, 5 light-up spring action bumpers, 2 plain black bumpers, an automatic LCD screen scoreboard, and a push button on off switch. The backbox clips into the cabinet along with 2 clip-on feet tilting the game towards the player. |
| Reason: The merchandise at issue is of the same class or kind of merchandise properly classified as games under HTS subheading 9504. |
| Ruling Date: March 18, 2024 |
N338528: The tariff classification off Edaravone Injection in dosage form, from India
| HTS: 3004.90.9240, 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: Medicaments primarily affecting the central nervous system: Other.” |
| Item: Edaravone Injection is a free radical scavenger and neuroprotective agent with antioxidant properties. It is indicated for the treatment of amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease, a neurological disorder that affects motor neurons. |
| Reason: N/A |
| Ruling Date: March 18, 2024 |
N338496: The country of origin of Clindamycin Phosphate Topical Solution USP, 1%
| Country of Origin: China |
| Item: Clindamycin Phosphate Topical Solution USP, 1% is a medicinal preparation containing Clindamycin Phosphate, an antibiotic, as the active ingredient. It is indicated for the treatment of acne vulgaris. The active pharmaceutical ingredient, Clindamycin Phosphate, is manufactured in China and the finished Clindamycin Phosphate Topical Solution in dosage form is made in India. In India, the Clindamycin Phosphate will be mixed with inactive ingredients to produce the final Clindamycin Phosphate Topical Solution in dosage form. |
| Reason: The mixing of the active ingredient Clindamycin Phosphate (made in China) with the inactive ingredients into the final Clindamycin Phosphate Topical Solution in dosage form doesn't result in a substantial transformation. |
| Ruling Date: March 18, 2024 |
N338456: The country of origin of Darunavir Tablets
| Country of Origin: India |
| Item: Darunavir is a human immunodeficiency virus protease inhibitor indicated for the treatment of HIV-1 infection in adult and pediatric patients 3 years of age and older. Darunavir must be co-administered with Ritonavir and with other antiretroviral agents. The active pharmaceutical ingredient, Darunavir, is manufactured in India and the finished tablets in dosage form are also made in India. In India, the Darunavir will be mixed with inactive ingredients from various countries to produce the final tablets in dosage form. |
| Reason: The active ingredient Darunavir is made in India and the mixing of the API with the inactive ingredients into the final dosage tablets is also made in India. |
| Ruling Date: March 18, 2024 |