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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N341135: The tariff classification of a airport runway deicer from China
| HTS: 3824.99.3900, 9903.88.03, free + 25%, "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: Mixtures of two or more inorganic compounds: Other." |
| Item: An airport runway deicer known commercially as Ecoway SF. It is composed of sodium formate and disodium metasilicate. |
| Reason: N/A |
| Ruling Date: July 15, 2024 |
N341133: The tariff classification of syringes from China
| HTS: 9018.31.0080, free, "Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Syringes, needles, catheters, cannulae and the like; parts and accessories thereof: Syringes, with or without needles; parts and accessories thereof: [Syringes with or without their needles: Other.” |
| Item: DMC Medical Polycarbonate Syringes and DMC Medical NuGen Eastman Tritan Copolyester Syringes. Both types of syringes consist of a calibrated barrel, a color ABS plunger, a silicone stopper, and a male luer lock and are available in 1ml, 3ml, 6ml, 10ml, 20ml and 30ml sizes. The syringes will be imported in bulk in non-sterile form. They will undergo sterilization and further packaging into surgical kits in the United States before entering the market. The syringes are intended to be used without a needle for administering various drugs and contrast medium during medical procedures. |
| Reason: N/A |
| Ruling Date: July 15, 2024 |
N341003: The tariff classification and country of origin of hose clamps
| HTS: 7326.90.8688, 2.9%, "Other articles of iron or steel, other … other." |
| Marking: Canada |
| Origin: Canada |
| Item: Murray’s series HSS all stainless steel general purpose worm drive hose clamps. The clamps have three components including the band, housing, and screw. The hose clamps are commonly used for indoor and outdoor hose repair, and for connecting two hoses or tubes to create a leak free seal. The HSS series clamps have a band width of 1/2 inch. The clamps are made in several sizes to accommodate hoses ranging from Society of Automotive Engineers (SAE) hose sizes 6 to 128. The raw material for production of the band and housing components of the clamps is flat coiled stainless steel (slitting stock) that was melted, formed and cast in India. The steel from India will be imported into Canada in two grades: AISI 201 SS and AISI 301 SS. In order to produce the clamp housing, the slitting stock from India must be sent to a slitting machine to be cut down to 40 mm width. For the bands, the slitting stock must be cut down to 12.7 mm widths. The slit steel is then mounted on a servo feeder and fed into presses where progressive dies are used to form the bands and housings. The bands must also be perforated according to precise specifications for them to be tightened in their applications. The bands and housings are manufactured to SAE hose clamp standard j1508. The bands and housings fabricated in Canada are assembled together and combined with a China-origin screw to complete the clamp. They are then cleaned, washed and packaged. |
| Reason: (Marking) The stainless steel coils from India being imported into Canada would be classified in either heading 7219 or 7220. The steel screws from China being imported into Canada would be classified in heading 7318. Therefore, the hose clamps meet the tariff shift. (Origin) The manufacturing processes performed in Canada result in a substantial transformation of the non-Canadian components. |
| Ruling Date: July 15, 2024 |
N340884: The tariff classification of Metaraminol Bitartrate Injection USP in dosage form, from India
| HTS: 3004.49.0010, 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, containing alkaloids or derivatives thereof: Other: Other: Cardiovascular medicaments.” |
| Item: Metaraminol Bitartrate Injection USP, imported in 100 mg/10 mL (10 mg/mL), is a sympathomimetic amine. It is indicated for prevention and treatment of the acute hypotensive state occurring with spinal anesthesia. It is also indicated as adjunctive treatment of hypotension due to hemorrhage, reactions to medications, surgical complications, and shock associated with brain damage due to trauma or tumor. |
| Reason: N/A |
| Ruling Date: July 15, 2024 |
N340863: The tariff classification of the Xenium Analyzer from Singapore
| HTS: 9027.50.4015, free, “Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): Other: Electrical: Chemical analysis instruments and apparatus.” |
| Item: Xenium Analyzer, which is a high-resolution, imaging-based spatial profiling technology that allows for simultaneous expression analysis of ribonucleic acid (RNA) targets within the same tissue section. The assay can identify the location of target transcripts within the tissue, providing a single cell resolution map of expression patterns of all genes that are included in the selected probe panel. Researchers can choose between off-the-shelf panels of genes designed to identify cell types and interrogate specific phenotypes, add on 50-gene or 100-gene panels to these off-the-shelf panels, or design a full custom standalone panel to specifically tailor their tissue and research questions. |
| Reason: While the Xenium Analyzer is an electrically driven optical test instrument, the device uses a chemical means to perform the analysis. |
| Ruling Date: July 15, 2024 |
N340853: The tariff classification of a quilt design wall from Pakistan
| HTS: 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A textile fabric intended to be hung on a wall to place pieces of cut quilting fabric or quilt blocks to visualize and arrange the layout and design of a quilt prior to sewing. The quilt design panel is composed of 100% cotton woven flannel fabric printed with a 10” x 10” grid pattern. Each 10“ x 10” grid pattern contains four 5” x 5” printed grid lines. The rectangular quilt design panel measures 70” x 60”and is finished with a one-inch hem along the edges. The quilt design panel features a total of six aluminum grommets in which four are spaced 22 ½ inches apart along the top perimeter and two are spaced 29 ¼ inches apart along the left side perimeter. The “quilt design wall” can be hung vertically or horizontally. You also state the cut quilting fabric can cling to the flannel without pins or adhesives due to the fabric’s fuzzy surface. |
| Reason: An article that can be hung like a wall hanging that has a use separate and apart from its decorative value is not classified under heading 6304. |
| Ruling Date: July 15, 2024 |
N340813: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of a men’s T-shirt from Honduras
| HTS: 6109.10.0012, 16.5%, "T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton: Men’s or boys’: Other T-shirts: Men’s." |
| DR-CAFTA Eligibility: Eligible |
| Item: A men’s T-shirt constructed from 100% cotton, lightweight jersey knit fabric. The garment features a 98% cotton and 2% spandex, rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. For the main body and sleeves of the garment, U.S. cotton fibers are spun into yarns in the United States and exported to Honduras. In Honduras, the yarns are knit into fabric. For the neckband of the garment, cotton yarns formed in the United States and spandex yarns formed in India are exported to Honduras. In Honduras, the yarns are knit into fabric. The cotton thread used to sew the garment is formed and finished in Guatemala and exported to Honduras. In Honduras, the fabrics are cut, sewn, and assembled into the finished garment. The finished garments are exported directly from Honduras to the United States. |
| Reason: GN 29(n), Chapter 61, Chapter rule 4 states, in relevant part: "Notwithstanding Chapter rule 2 to this chapter, a good of this chapter … containing sewing thread of heading 5204, 5401 or 5508 or yarn of heading 5402 used as sewing thread shall be considered originating only if such sewing thread or yarn is both formed and finished in the territory of one or more parties to the Agreement." The cotton thread used to sew the garment, classifiable in heading 5204, is formed and finished in Guatemala. Accordingly, Chapter rule 4 is satisfied. |
| Ruling Date: July 15, 2024 |
N341194: The tariff classification of a propane brush clearing blow torch from China
| HTS: 8479.89.9599, 9903.88.03, 2.5% + 25%, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.” |
| Item: A high-powered propane brush clearing blow torch, specifically the Bernzomatic Firestarter Blaze Torch, Model JT855. The Blaze Torch has a brass torch body and features an adjustable, wide brush flame with 500,000 BTU output. It is designed for various applications including job sites, asphalt repair, chemical-free weed and brush removal, and use around large outdoor areas for lighting bonfires or fire pits. The Blaze Torch will be imported as a kit with a manual spark lighter and a connection hose compatible with a Bernzomatic Refillable 20 lb. propane fuel tank, sold separately. |
| Reason: N/A |
| Ruling Date: July 16, 2024 |
N341163: The tariff classification of the “Easy Store Building Bricks Table” 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 low rise, rectangular wooden, table measuring 32.6" x 17.8" x 11.4" with a plastic permanent "brick board" play surface, 2 underside storage bins, and 75 plastic "play bricks." The “brick board” base provides the play environment where children snap the "play bricks" onto the board’s surface and build imaginative structures. The molded plastic bricks snap together by means of round protrusions on the bricks and the board, giving children a manipulative play experience. The product features a carry handle and folding legs that raise the board off the floor by less than a foot allowing enough space for children to sit on the floor while playing with the toy. The “Easy Store Building Bricks Table” is principally designed for the amusement of children ages 3 years and older. |
| Reason: N/A |
| Ruling Date: July 16, 2024 |
N341088: The country of origin of a Cable and Wire Stripper Tool
| Origin: Vietnam |
| Item: A self-adjusting wire stripper. This tool allows the user to strip various sizes and types of wire. The grasping and cutting parts of the jaws of the hand tool automatically adjust to the size of wire and strip the wire’s coating to expose the inner wire or wires. The user can adjust the amount of tension for more precise adjustment by twisting a knob on the jaws. The handles of the Cable and Wire Stripper Tool add additional functionality of wire cutting and crimping. The manufacturing process for the tool begins in Vietnam, where raw steel is precisely die cut into the left and right handles and jaws. Also in Vietnam, raw aluminum is diecast into the holding and stripping parts of the tool’s jaws. The parts made in Vietnam have their final shape, size, and form. The fully formed handles and jaws are then sent to China where they are painted and assembled with minor parts, including pins, springs, clips, screws, bolts, and plastic handle covers. The finished Cable and Wire Stripper Tool is then shipped to the United States. |
| Reason: The processes and assembly operations performed in China do not constitute a substantial transformation of the two main components of the tool (i.e., the handles and jaws) that are manufactured in Vietnam. These articles provide the principal characteristics of the finished tool, are dedicated for use as such, and cannot be used for any other purpose. The character of the handle and jaws remains unchanged after the painting and minor assembly that occurs in China. |
| Ruling Date: July 16, 2024 |