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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N317958: The tariff classification of a coated woven fabric from China
| HTS: 3921.19.0000, 6.5%, “Other plates, sheets, film, foil and strip, of plastics: cellular: of other plastics. Secondary classification: 9903.88.02, 25%. |
| Item: A coated woven fabric known as “JC-66.” The base fabric is woven wholly of polyester and weighs 205 g/m2 before coating. Two coatings are applied after weaving, one is a dip-type dye sublimation coating and the second is a knife coating of polyacrylate plastic type material. The final weight of the product is 280 g/m2. It and consists of 17.8 percent plastic material by weight and 82.2 percent textile fabric by weight. The coated canvas style product will be used for outdoor applications. |
| Reason: Since the acrylic coating is cellular in nature, and the woven backing fabric meets the definition found in the Explanatory Notes for “mere reinforcement,” JC-66 cannot be classified in Section XI as a coated textile. Therefore, this product is excluded from classification in Chapter 59. |
| Ruling Date: June 9, 2021 |
N319434: The tariff classification of Recombinant Adeno-associated virus (AAV) packed for retail sale from China
| HTS: 3002.90.5150, free, “Human blood; … ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” |
| Item: Recombinant Adeno-associated virus (AAV) in a buffer solution put up in vials. Adeno-associated virus is a non-enveloped virus with a single-stranded DNA genome and can be engineered to deliver DNA to target cells or animal models. In your letter, you stated that the Adeno-associated virus will be used for research purposes in pharmaceutical and academic research applications. |
| Reason: N/A |
| Ruling Date: June 9, 2021 |
N319476: The tariff classification of a hat from China
| HTS: 6505.00.5090, 6.8%, “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, trimmed: hair-nets of any material, whether lined or trimmed: Other: Other: of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid: Other: Other.” Secondary classification: 9903.88.03, 25%. |
| Item: A hat which you state is constructed of 85% polyester, 15% polyethylene terephthalate knit fabric. The hat is triangular and features a pom-pom on the top, a faux fur cuff at the bottom, and a felt lining. The hat contains tinsel and braid. |
| Reason: N/A |
| Ruling Date: June 9, 2021 |
N319520: The tariff classification of a nut tube assembly from Japan
| HTS: 8803.30.0030, free, “Parts of goods of heading 8801 or 8802: Other parts of airplanes or helicopters: For use in civil aircraft: Other.” |
| Item: A Nut Tube Assembly, which is installed into the 734-07391-01 air intake actuator for the auxiliary power system used on a Boeing 777 commercial airplane. The Nut Tube Assembly consists of the nut and tube components, permanently assembled together, to be imported as a matched set and are manufactured of 15-5 stainless steel alloy for the tube and aluminum nickel-bronze for the nut. |
| Reason: The assembly does not consist of a threaded shaft that incorporates a nut and bearing balls or rollers that are distributed between the threads on its inner surface. As such, it is not a ball or roller screw of heading 8483. Heading 8428 is also precluded, because the assembly is not a complete lifting machine. |
| Ruling Date: June 9, 2021 |
N319577: The tariff classification of a cosmetic jar and a cosmetic pump from China
| HTS: (a) Imported together: 8424.89.9000, 1.85, "Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other Appliances: Other." Secondary classification: 9903.88.02, 25%. (b) Imported separately: (1) 8413.20.0000, free, "Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof: Hand pumps, other than those of subheading 8413.11 or 8413.19." Secondary classification: 9903.88.03, 25%. (2) 3923.90.0080, 3%, "Articles for the conveyance or packing of goods, of plastics: Other: Other." Secondary classification; 9903.88.03, 25%. |
| Item: (1) A hand-operated cosmetic pump packaged with a plastic cap ready for retail sale and designed to be used with the (2) plastic cosmetic jar. The plastic cap prevents debris or contaminants from entering the pump. Upon importation, the jar is filled with cosmetic cream and is then assembled to the pump and cap for the purpose of dispensing the cosmetic cream. |
| Reason: The cosmetic jar and the cosmetic pump, which are imported together in the same shipment and in the same quantities, would be regarded as comprising separate portions of a cream dispenser. Once imported, the jar and pump are assembled to each other to form cream dispensing products. Accordingly, the cosmetic jar and the cosmetic pump are classified as an unassembled cream dispenser in accordance with GRI 2(a). |
| Ruling Date: June 9, 2021 |
N319637: The tariff classification of a spring cartridge assembly from Italy
| HTS: 7320.20.5045, 3.9%, "Springs and leaves for springs, of iron or steel: helical springs: other, helical springs, of wire having a cross-sectional dimension of 5.1 mm or more but less than 12.7 mm." |
| Item: A spring cartridge assembly used in a Rack and Pinion Style Spring Return Pneumatic Actuator. The subject helical spring is made of steel and is assembled with a stainless steel bolt and nut that pre-compress the spring using two nylon spring guides. The spring wire diameter is approximately 6.60 mm. The springs are installed behind the pistons in the Rack and Pinion Actuators. As air is introduced into the actuator it pushes the pistons in one direction thereby rotating the output shaft. Once the air is released either intentionally or accidentally, the springs return the pistons to their initial position, thereby producing rotary action of the output shaft in the opposite direction.” The spring cartridge assembly will be imported separately from the actuator. After importation into the United States, the spring cartridge assembly will be installed into the actuator. |
| Reason: The spring cartridge assembly in its imported condition does not contain any components of the actuator itself. The presence of the bolt, nut, and guides is to keep the spring from bending, and to keep the spring compressed during the installation into the actuator, based on the explanation you provided to this office. The essence of the spring remains the same with or without the bolt, nut, and guides. As a result, classification of the spring cartridge assembly in as a part of a spring actuator heading 8412, HTSUS, is precluded, pursuant to Note 1(g) to Section XVI. |
| Ruling Date: June 9, 2021 |
N319769: The tariff classification of an automotive power cable from China
| HTS: 8544.42.9090, 2.6%, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other: 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: An automotive power cable for use with the Respironics Trilogy ventilator, a medical device intended to assist those individuals with chronic breathing issues. The subject cable consists of a length of insulated conductor cable affixed at one end with a specially designed electrical connector and a 12-volt automotive power plug at the other. The specially designed connector can only attach to the aforementioned ventilator. Further, the cable contains a printed circuit board assembly (PCBA) that allows for the matching of voltage and other electrical requirements of the ventilator and the cable. The subject cable is used to facilitate the flow of electrical power to the ventilator while in a vehicle. |
| Reason: The cables are specifically designed for use with the Trilogy ventilator. Based on the information provided, the ventilator is intended for use by individuals who suffer from chronic respiratory insufficiency and failure. |
| Ruling Date: June 9, 2021 |
N319787: The tariff classification of plasma cutter electrodes and nozzles from China.
| HTS: 8466.93.9885, 4.7%, “Parts and accessories suitable for use solely or principally with the machines of heading 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for the machines; …: Other: For machines of heading of 8456 to 8461: Other: Other: Other: Other: Other." Secondary classification: 9903.88.01, 25%. |
| Item: Electrodes and nozzles for use with a plasma cutter. |
| Reason: N/A |
| Ruling Date: June 9, 2021 |
N319797: The tariff classification of Synthetic RNA from European Union, United Kingdom, or China
| HTS: 2934.99.9001, 6.5%, “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Other: Other: Other.” |
| Item: Synthetic RNA molecules, which are nucleic acids. The artificially made RNA vary in size and usually have a molecular weight between 6 kg/mol to 1500 kg/mol or 20 nucleotides (nt) to 5,000 nt in length. Shipments usually consist of less than 1mg. The RNA product is strictly for non-clinical pharmaceutical or academic research purposes. Short RNAs (oligonucleotide synthesizer and long RNAs (>200nt) are usually made enzymatically by a process known as in vitro transcription. RNA can be shipped in either a liquid or a dry form. The liquid RNA is resuspended in either molecular grade deionized water or TE buffer (water + Tris-EDTA). TE buffer helps solubilize and protects the RNA from degrading. When the RNA is shipped dry, it is air dried in a vacuum |
| Reason: N/A |
| Ruling Date: June 9, 2021 |
N315705: The tariff classification of a woven textile fabric coated with cellular polyurethane from China
| HTS: 3921.13.1500, 6.5%, "Other plates, sheets, film, foil and strip, of plastics: cellular: of polyurethanes: combined with textile materials: products with textile components in which man-made fibers predominate by weight over any other single textile fiber: other." Secondary classification: 9903.88.02, 25%. |
| Item: An imitation leather upholstery fabric, identified by trade name “Sophia PU Match.” The product consists of a twill weave fabric covered with a layer of plastic material. CBP laboratory analysis indicates that the fabric is a polyester/cotton blend and is laminated with a polyurethane material which is cellular in nature. The weight of the polyurethane coating is 278.2. g/m2 (57% by weight) and the weight of the polyester/cotton woven fabric is 209.6 g/m2 (43% by weight), for a total weight of 487.9 g/m2. |
| Reason: Since the polyurethane coating is cellular in nature, and the woven backing fabric meets the definition found in the Explanatory Notes for “mere reinforcement,” Sophia PU Match cannot be classified in in Section XI as a coated textile. Therefore, this product is excluded from classification in Chapter 59, HTSUS. |
| Ruling Date: June 8, 2021 |