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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N318895: The tariff classification of a garment from Sri Lanka
| HTS: 6212.10.9020, 16.9%, “Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or knit knitted or crocheted: Brassieres: Other: Other: Of man-made fibers.” |
| Item: A "wearable pump accessory" constructed of 93% modal, 7% spandex knit fabric. The bra is stated to be used over a nursing bra to pump, however, the garment supports the breasts and can be worn alone against the skin. The bra features a covered elasticized bottom band, an adjustable hook and eye closure and a removeable, adjustable neck strap. |
| Reason: Since there is another tariff that covers the merchandise more specifically, classification under heading 6307 would not be appropriate. |
| Ruling Date: May 5, 2021 |
N318991: The country of origin of the “Love is Dead” card game
| Origin: China and Vietnam |
| Item: A card game consisting of (65) Action Cards, (12) End of Game Cards, (5) Reference Cards, (22) Transparent Boo Cards (1) sheet of 6 Boo stickers and instructions for game play. The card game is designed for children 13 years of age and older. Except for the 22 transparent cards and the sticker sheet containing six stickers, the game is manufactured in Vietnam and packaged there for retail sale. The transparent Boo cards and stickers are manufactured in China and shipped to Vietnam where they are packaged together with the 82 Vietnamese components, instructions and game rules, into a finished game box, for export to the United States. |
| Reason: Combining and packaging of the Chinese cards and stickers with the other Vietnamese origin game components in Vietnam is not sufficient to be a substantial transformation of the Chinese origin game components. |
| Ruling Date: May 5, 2021 |
N319012: The tariff classification of steel flashing materials from China
| HTS: Coiled flashing: 7212.50.0000, free, "Flat-rolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated: Otherwise plated or coated." Secondary classification: 9903.80.01, 25%. Secondary classification: 9903.88.15, 7.5%. Finished flashing: 7216.61.0000, free, "Angles, shapes and sections of iron or nonalloy steel: Angles, shapes and sections, not further worked than cold-formed or cold-finished: Obtained from flat-rolled products. Secondary classification: 9903.88.03, 25%. |
| Item: 26 gauge (.46 mm) valley roll flashing material used in roofing applications. Made of non-alloy steel with a 55% aluminum-zinc alloy (Galvalume) coating, these products are imported in two different configurations: Product 1, imported in coil form, will measure 16” (406.4 mm) in width and 50’ (15240 mm) in length. The tail end of this sheeting is bent to facilitate decoiling. The coils will ultimately be cut to length and formed into flashing. Product 2 is a profile shape measuring 10’ (3048 mm) in length. Formed from 16” (406.4 mm) wide sheeting, this angular piece has a 135° bend and is considered to be finished flashing. |
| Reason: The flashing is added to the structure (i.e., roof), but it does not form a necessary part of the structure. In other words, the structure is still complete with or without the flashing. Although the flashing is used with a structure, it is not itself structural in design or nature nor does it form a necessary part of the structure. Furthermore, the flashing material (in either form), has not been advanced beyond a basic steel mill product of Chapter 72. As such, the flashing is precluded from classification in heading 7308 |
| Ruling Date: May 5, 2021 |
N319077: The tariff classification of socks from China
| HTS: 6115.96.9020,14.6%, “Pantyhose, tights, stockings, socks and other hosiery, including graduated compression hosiery…and footwear without applied soles, knitted or crocheted: Other: Of synthetic fibers: Other: Other.” |
| Item: A slipper sock constructed of 100% polyester knit fabric. The sock extends to just below the knee and features a polyester fleece lining and plastic gripper overlays on the bottom of the sock. |
| Reason: N/A |
| Ruling Date: May 5, 2021 |
N319258: The tariff classification of Printed Clings from China
| HTS: 4911.91.4040, free, "Other printed matter, including printed pictures and photographs: Other: Pictures, designs and photographs: Printed not over twenty years at time of importation: Other: Other: Other." Secondary classification: 9903.88.15, 7.5%. |
| Item: Decorative plastic clings made of flexible polypropylene that adhere to most clean, flat, smooth surfaces, such as glass, without the need for adhesive. Those submitted depict printed images from the Batman franchise. |
| Reason: N/A |
| Ruling Date: May 5, 2021 |
N318737: The tariff classification of wasabi from Indonesia
| HTS: Whole wasabi and the wasabi root, fresh or chilled: 0706.90.4000, 10%, "Carrots, turnips, salad beets… salsify, celeriac, radishes and similar edible roots, fresh or chilled … other … other." Whole wasabi, frozen: 0710.80.7060, 11.3%, "Vegetables (uncooked or cooked by steaming or boiling in water), frozen ... other vegetables ... other ... not reduced in size ... other ... other." Wasabi root, frozen: 0710.80.9750, 14.9%, "Vegetables (uncooked or cooked by steaming or boiling in water), frozen ... other vegetables ... other ... reduced in size … other … other." |
| Item: Whole wasabi (Wasabi japonica), imported in fresh or frozen condition, and the root of the wasabi plant, also known as the rhizome, imported in fresh or frozen condition. The wasabi is thoroughly washed in a chlorine solution, which prevents proliferation of fungus, subsequent to being blanched for 15 seconds at temperatures of approximately 98 degrees Celsius inside a stainless-steel blanching tub. |
| Reason: N/A |
| Ruling Date: May 4, 2021 |
N318915: The tariff classification of a fuel rail module from South Korea
| HTS: 8708.99.8180, 2.5%, “Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Other: Other: Other: Other: Other.” |
| Item: A Gasoline Direct Injection (GDI) Fuel Rail Module, which is bolted to the cylinder head of a gasoline automotive engine. It is connected to the Electronic Control Unit (ECU) via a wire harness and to the high-pressure gasoline (GDI) pump via a high-pressure line. The Fuel Rail Module is composed of a wire harness, pressure sensor, fuel rail, and injectors. |
| Reason: N/A |
| Ruling Date: May 4, 2021 |
N318927: The tariff classification of a lead-acid cell from China
| HTS: 8507.90.4000, 3.5%, “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Parts: Of lead-acid storage batteries.” Secondary classification: 9903.88.15, 7.5%. |
| Item: A rechargeable lead-acid battery cell composed of 16 positively charged plates, 17 negatively charged plates, absorbed glass mat separators, busbars, a safety valve and four copper terminals, housed in a rectangular plastic tank containing a sulfuric acid solution. The cell is designed to be solely used in a storage battery system that will power electrical equipment such as servers in a data center building. The assembly of a storage battery system begins with battery cells arranged into modules. The modules are then connected to create a stack, wired in series, and together with a battery management system, form a finished storage battery system with a higher voltage. |
| Reason: CBP has determined lead-acid battery cells that must be arranged in a group to provide their intended function, and designed to be used in rechargeable storage batteries, are parts of accumulators classifiable in heading 8507. In the instant case, the rechargeable lead-acid cells are integral to the storage battery system. The storage battery system provides power to electrical equipment and could not function as a power source without the lead-acid cells. Furthermore, the cells are specially designed to be used in industrial storage battery systems and weigh 89 kgs each, making them incapable of use in portable devices that typically run on a low voltage. As such, the lead-acid cells are parts of electric accumulators. |
| Ruling Date: May 4, 2021 |
N318935: The tariff classification of an aluminum top sliding door track from China
| HTS: 7604.29.1010, 5%, "Aluminum bars, rods and profiles: of aluminum alloys: other: other profiles: heat-treatable industrial alloys of a kind described in statistical note 6 to this chapter." Secondary classification; 9903.85.01, 10%. Secondary classification: 9903.88.15, 7.5%. |
| Item: An extruded aluminum top sliding door track, made from type 6063 aluminum alloy and anodized. The track is imported in precut lengths of 4 feet, 5 feet and 6 feet as well as 16-foot lengths and is of an open construction with no enclosed void. The precut pieces have holes drilled approximately every 2 feet while the 16-foot track has not been drilled. The track will ultimately be screwed to the top of the customer’s door frame. |
| Reason: N/A |
| Ruling Date: May 4, 2021 |
N319011: The country of origin and marking of active optical cables and optical transceivers
| Origin: South Korea |
| Item: Active optical cables and optical transceivers. Both active optical cables and optical transceivers are used for data transmission between two network devices such as servers, switches, or storage devices. The key difference between the active optical cables and optical transceivers is that the active optical cables incorporate a fiber optic cable, connecting the two optical transceiver modules on each end. The optical transceivers do not incorporate an optical cable. The upstream production is carried out within South Korea. It involves the manufacture of the optical engine, which is a printed circuit board assembly (PCB assembly). The cabling/assembly process is carried out within Vietnam. |
| Reason: The upstream production, which takes place within South Korea, imparts the essential character to the active optical cables and optical transceivers. The optical engines (PCBAs) are the dominant component of each product, as they form the actual transceiver module. The optical engines (PCBAs) manufactured within South Korean do not undergo a substantial transformation as a result of the manufacturing process that takes place in Vietnam. They retain their identity as optical engines with a predetermined end use |
| Ruling Date: May 4, 2021 |