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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N319680: The tariff classification of a machine gun tripod from Germany
| HTS: 9305.91.3030, free, “Parts and accessories of articles of heading 9301 to 9304: Other: Of military weapons of heading 9301: Other.” |
| Item: A surplus German military tripod for personal recreational use. Its intended use is to assist in the firing of the MG3/MG42 machine gun. |
| Reason: N/A |
| Ruling Date: May 26, 2021 |
N319095: The tariff classification of infant headgear from China
| HTS: 6505.00.1515,7.9%, “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of cotton, flax or both: Knitted: Of cotton: For babies.” Secondary classification: 9903.88.01, 25%. |
| Item: Midliner Precision Head Positioners, constructed of 95% cotton, 5% spandex knit fabric. They are designed to improve the head positioning practices for neonates. The headgear supports hospital neuro-protective practices and protocols, and secure respiratory devices and other attachments such as eye shields. They are secured to the head by hook and loop straps and feature polyurethane foam lining and pads. |
| Reason: N/A |
| Ruling Date: May 25, 2021 |
N319128: The tariff classification of coveralls from China
| HTS: 6210.10.5090, free, "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas: Other." |
| Item: A coverall constructed from 100% polypropylene nonwoven fabric coated with a compact polyether plastic material (which is a form of polyurethane) that completely obscures the underlying fabric. The garment will be sold to and used as disposable medical protection garment for paramedics, firefighter/EMT, etc. |
| Reason: N/A |
| Ruling Date: May 25, 2021 |
N319167: The tariff classification of tights from China
| HTS: 6115.22.0000, 14.9%, “Panty hose, tights, stockings, socks and other hosiery…knitted or crocheted: Other panty hose and tights: Of synthetic fibers, measuring per single yarn 67 decitex or more." |
| Item: A pair of women’s footless tights. The tights are knit and constructed from 90% nylon, 10% spandex. The tights are a form fitting, pull-on style hosiery garment featuring an approximately 1.5” wide elasticized waistband, center front and back seams down the torso portion of the garment, a gusset crotch panel, seamless leg tubes and hemmed leg openings. |
| Reason: N/A |
| Ruling Date: May 25, 2021 |
N319240: The tariff classification of plastic geocells from China
| HTS: 3926.90.9985, 5.3%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” Secondary classification: 9903.88.15, 7.5%. |
| Item: “Geocells” made wholly from high-density polyethylene (HDPE). The expanded cellular grid will be laid on a sloping driveway and filled with gravel. |
| Reason: The geocells grid would be considered an article of plastic, and they are not more specifically provided for elsewhere. |
| Ruling Date: May 25, 2021 |
N319305: The tariff classification of a cable organizer from Poland
| HTS: 3926.90.9985, 5.3%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other." |
| Item: The RIB Cable Organizer. It is a cable hanger that organizes cables by securing them underneath a desktop or table. This article can also accommodate power strips. It consists of three 38-centimeter-long rails, with six hooks per rail. Each rail has double-sided tape on the underside which makes mounting it easier. Three screws are provided per rail for final installation. The rails are made of polypropylene plastic and the hooks of acrylonitrile butadiene styrene (ABS) plastic. The plastic material is flexible and can withstand a load of one kilogram. |
| Reason: The geocells grid would be considered an article of plastic, and they are not more specifically provided for elsewhere. |
| Ruling Date: May 25, 2021 |
N319168: The tariff classification of a coated woven cotton fabric and bag from Thailand
| HTS: (1) Fabric: 5907.00.8090, free, “Textile fabrics otherwise impregnated, coated or covered; […] Other: Other… Other.” (2) Bag: 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other: Other.” |
| Item: (1) A safe, reusable and water resistant fabric which is intended to preserve and extend the lifespan of food. The fabric is composed of 100 percent cotton woven fabric and weighs 384.5 g/m2. It is made by coating the cotton fabric with a special beeswax mixture containing organic coconut oil, tree resin, and beeswax. The mixture is then heated and melted so it is absorbed into the fibers of the cotton. The coating has been determined to be visible to the naked eye. (2) A bag made from the fabric, intended to store leftovers and keep food fresher longer. |
| Reason: N/A |
| Ruling Date: May 25, 2021 |
N319321: The tariff classification of wine from Chile
| HTS: 2204.21.5035, 6.3¢/liter, "Wine of fresh grapes, including fortified wines: Other wine: In containers holding 2 liters or less: Other: Of an alcoholic strength by volume not over 14 percent vol.: Other: Valued over $1.05/liter: Other: Red: Certified organic." |
| Item: Cabernet Sauvignon, a red wine with an alcohol by volume content of 12.5 percent. The label states that the wine is made with organic grapes. The wine is produced in Chile and will be imported into the United States in 750 ml bottles. The price per liter of the wine is said to be more than $1.05. |
| Reason: N/A |
| Ruling Date: May 25, 2021 |
N319324: The tariff classification of transducer arrays from Israel
| HTS: 8543.70.4500, 2.6%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft: Other." Secondary classification: 9817.00.96, free, "Articles and parts specifically designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped." |
| Item: A transducer array used as a part of the Novocure Therapy Delivery System. The subject array consists of multiple interconnected electrical transducers designed to be adhered directly to the head or other area where an individual has been diagnosed with cancer. The transducers do not electrically stimulate nerves or muscles, nor do they heat tissue. The introduction of the electrical field effectively inhibits tumor growth, potentially killing existing tumors. |
| Reason: The system is intended for use by individuals who suffer from cancer, a disease that can cause chronic pain and substantial limitations to an individual’s life activities. |
| Ruling Date: May 25, 2021 |
N319335: The tariff classification of women’s knit pants from India
| HTS: 6104.63.2006, 28.2%, "Trousers…knitted or crocheted: Trousers: Of synthetic fibers: Other: Other: Women’s: Containing 5 percent or more by weight of elastomeric yarn or rubber thread." |
| Item: Women’s pants constructed from a bonded fabric consisting of 75 percent nylon, 25 percent spandex knit fabric. The garment has an elongated crotch with a silicone print design that extends to the front and back of each knee and to the center rear of each leg. |
| Reason: The bonding material is not visible to the naked eye when viewed in cross section, so classification in heading 6113 is precluded. |
| Ruling Date: May 25, 2021 |