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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N319456: The country of origin of auger bits and power bits
| Origin: Czech Republic |
| Item: Alloy steel auger bits and power bits, which are used with hand tools for drilling through wood and similar materials. The production process for the bits begins in China, where a manufacturer purchases alloy steel rod. Flutes and a rough tip are machined into the rods, and they are cut to standardized lengths. These blank rods are then shipped from China to the Czech Republic for further processing and manufacturing. |
| Reason: The processing and manufacturing operations in the Czech Republic substantially transform the blank rods from China into new and different articles of commerce, i.e., auger bits and power bits. When exported from China, the blank rods can be used to manufacture a variety of parts (e.g., auger bits, power bits, brad point drill bits or any other part manufactured from a blank fluted rod) for drills and similar tools. The Czech Republic processing operations change the profile, shape and dimensions of the blank rods into auger bits and power bits. |
| Ruling Date: May 28, 2021 |
N319464: The country of origin of electric motors and the applicability of certain trade remedies under Section 301
| Origin: (1) Vietnam; (2) Taiwan; (3) China. |
| Item: Brushless direct current motors, manufactured under three scenarios: (1) the rotor and stator cores will be manufactured in Vietnam as described above and shipped to China for the remainder of the assembly operations; (2) the rotor and stator cores will be manufactured in Taiwan and shipped to China for the remainder of the assembly operations; (3) the rotor and stator cores will be manufactured in China and shipped to Mexico for the remainder of the assembly operations. |
| Reason: The rotor and stator are the dominant components of a finished electric motor, and are not substantially transformed by further assembly operations. |
| Ruling Date: May 28, 2021 |
N319473: The country of origin of rotor and stator assemblies
| Origin: Vietnam |
| Item: A stator and rotor made to be incorporated in the manufacturing of an automobile air conditioning unit. The stator assembly manufacturing process begins in Vietnam, where sheet steel is stamped, pressed, and laminated into a stator core. The stator cores are then exported to China where a front/rear plastic covers are added, electrical terminals are soldered, and magnet wire is wound around the stator posts to produce a stator assembly. The manufacturing process of the rotor assembly also begins in Vietnam, where sheet steel is stamped and pressed into a rotor yoke. The rotor yoke consists of a metal circle with drilled holes that is connected to an outer metal cylinder by uniform, alternating metal arms and airgaps. The rotor yokes are then exported to China where a shaft, magnets, and a snap ring are joined to produce a rotor assembly. |
| Reason: The stator core is the predominant component of the stator assembly, and the rotor yoke is the predominant component of the rotor assembly. |
| Ruling Date: May 28, 2021 |
N319566: The tariff classification of plastic dispenser bases from China
| HTS: 3924.10.4000, 3.4%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” |
| Item: Plastic dispenser bases that are components of a modular vitamin dispensing system. The countertop modular vitamin dispensing system is non-electrical and is hand-operated. The plastic dispenser bases are used with the disposable plastic cartridges, which are imported separately. |
| Reason: The plastic dispenser bases which are part of the countertop modular vitamin dispensing system are intended for placement on a tabletop. The item is designed to hold and dispense vitamin and mineral tablets. As such, they qualify as tableware within the meaning of heading 3924. |
| Ruling Date: May 28, 2021 |
N319710: The tariff classification of a wrench from China
| HTS: 8204.11.0060, 9%, "Hand-operated spanners and wrenches (including torque meter wrenches but not including tap wrenches); socket wrenches, with or without handles, drives and extensions; base metal parts thereof: hand-operated spanners and wrenches, and parts thereof: nonadjustable, and parts thereof: other (including parts)." Secondary classifiation: 9903.88.03, 25%. |
| Item: A nonadjustable steel wrench. The handle is a red-dipped PVC, and the jaws are powder-coated black. The intended use of the wrench is to facilitate the installation of roadside delineators. |
| Reason: N/A |
| Ruling Date: May 28, 2021 |
N319149: The tariff classification of ADSTILADRIN (nadofaragene firadenovec-nrpl) in dosage form and a demonstration unit for Adstiladrin from Finland
| HTS: In dosage form: 3002.90.5150, free, “Human blood; … ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” Demonstration unit: 9811.00.60, free, “Any sample (except samples covered by heading 9811.00.20 or 9811.00.40), valued not over $1 each, or marked, torn, perforated or otherwise treated so that it is unsuitable for sale or for use otherwise than as a sample, to be used in the United States only for soliciting orders for products of foreign countries.” |
| Item: Adstiladrin, imported in 4 x 20 mL single dose vials, is a sterile suspension for intravesical instillation containing nadofaragene firadenovec-nrpl, a non-replicating recombinant type 5 adenovirus vector containing the human interferon alfa-2b gene, as the active ingredient. Adstiladrin is an adenovirus vector-based gene therapy expressing interferon alfa-2b indicated for the treatment of high-grade, Bacillus Calmette-Guérin (BCG)-unresponsive non-muscle invasive bladder cancer. |
| Reason: N/A |
| Ruling Date: May 27, 2021 |
N319161: The tariff classification of Recombinant Lentivirus packed for retail sale from China, the United Kingdom and the European Union countries
| HTS: 3002.90.5150, free, “Human blood; … ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The rate of duty will be free. |
| Item: Recombinant lentivirus in a solution with a buffer and a cryopreservative put up in vials. Lentivirus (LV) is an enveloped retrovirus with a single-stranded RNA genome. The lentivirus will be used for research purposes in pharmaceutical and academic research applications. |
| Reason: N/A |
| Ruling Date: May 27, 2021 |
N319181: The tariff classification and country of origin of an electric bicycle from Taiwan
| HTS: 8711.60.0090, free, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion: Other”. |
| Origin: Taiwan |
| Item: An electric pedal-assist bicycle designed for use in the alternative transportation rental market. These e-bikes are being imported and sold by Lyft. The bike integrates a distinctive electrically powered pedal-assist system that provides a separate source of motive power for the vehicle. The bike's hybrid propulsion system allows the rider to reach and maintain higher velocities with less physical effort than is needed for a traditional bicycle. The frame and fork are manufactured in Taiwan; the assembly is completed in Taiwan.With the exception of the frame and fork, which are still sourced in Taiwan, the rest of the components are sourced in China and the e-bike assembly is completed in China. |
| Reason: The frame, which in this case is a product of Taiwan, is the part of the bicycle that imparts its “essential character”. Based on the information provided, the culmination of production processes performed in Taiwan and/or China to the Taiwanese frame and fork does not substantially transform the frame. |
| Ruling Date: May 27, 2021 |
N319192: The tariff classification, country of origin, and marking of a baby walker
| HTS: 9401.79.0002, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Infant walkers.” Seconday classification: 9903.88.04, 25%. |
| Origin: China |
| Item: A high back polyester padded child seat. The seat is mounted to a plastic upper tier and a plastic lower tier base that is affixed to a gliding 5 position height adjustable metal frame. The high back seat contains leg openings to encourage walking. The upper tier plastic base contains a removable complementary tray and an interactive toy box. The toy box is incidental to the main function of the baby walker which is to serve as a seat for a child. The subject merchandise will be manufactured entirely in China and will be marked with a Spanish language marking label. The items will be exported to a distribution center located in Mexico. At the Mexican distribution center, the shipment will be split and relabeled. |
| Reason: An infant walker is not designed for amusement but rather to hold a child in an upright position to encourage walking. Therefore, the walker is not a toy and is not classified in Chapter 95. |
| Ruling Date: May 27, 2021 |
N319213: The classification of a case from China
| HTS: 4202.92.9100, 17.6%, "Other containers and cases, with outer surface of sheeting of plastics or of textile materials, other, other, with outer surface of textile materials, of man-made fibers (except for jewelry boxes of a kind normally sold at retail with their contents). Secondary classification: 9817.00.96, free, "Specially designed or adapted for use by the chronically or permanently disabled or handicapped persons." |
| Item: A case constructed with an outer surface textile material which is man-made. The case is specially shaped and designed to provide storage, protection, portability, and organization to the SimplyGo Oxygen Concentrator. The article has an open top, one handle, and an adjustable shoulder strap. The front exterior features one zippered pocket. The interior features one compartment that is specially designed and fitted to house the device. The SimplyGo Oxygen Concentrator is used for breathing impaired persons. |
| Reason: N/A |
| Ruling Date: May 27, 2021 |