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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N318236: The tariff classification of a personal decontamination glove from Serbia
| HTS: 6307.90.9891, 7%, “Other made-up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A single use, disposable mitt for efficient chemical decontamination of bare body parts, clothing, equipment, and weapons. The 12 inch (length) by 7 inch (width) mitt is composed of 100 percent woven cotton fabric coated with butyl rubber. The mitt has been assembled by sewing together two panels of the cotton fabric coated with rubber creating a rounded shaped mitt with an opening for the thumb. A 7 x 6 inch piece of 100 percent cotton mesh fabric is sewn to the palm of the mitt and powdered bentonite clay is sandwiched between the cotton mesh and rubberized cotton fabrics. The user is instructed to apply the powdered clay from the cotton mesh side of the mitt to the contaminated body parts, clothing, equipment, or weapon; wait one minute and remove the powder using the nonwoven polyester textile material. |
| Reason: Neither the mitt nor the powdered bentonite clay imparts the essential character of the Personal Decontamination Glove. Therefore, classification under GRI 3(c) is appropriate. Bentonite clay is classified under chapter 25, while made-up textiles not elsewhere specified are classified under chapter 63. |
| Ruling Date: June 23, 2021 |
N311984: The tariff classification and country of origin of woven textile fabric coated with cellular plastic from Thailand
| HTS: 3921.19.0000, 6.5%, "Other plates, sheets, film, foil and strip, of plastics: cellular: of other plastics." |
| Item: “Polyester canvas” and “poly-cotton canvas.” The “polyester canvas” is of plain weave construction composed wholly of polyester multifilament yarns and is impregnated, coated, covered or laminated with an acrylic material. The “poly-cotton canvas” is of a weave other than plain, satin, or twill. The woven fabric is composed of a mixture of polyester (78 percent) and cotton (22 percent) staple fiber yarns, impregnated, coated, covered, or laminated with an acrylic material. The coating is in a single, cellular layer. Both products are manufactured to be used for inkjet printing. |
| 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,” neither “polyester canvas” nor “poly-cotton” can be classified in in Section XI as a coated textile. Therefore, these products are excluded from classification in Chapter 59. |
| Ruling Date: June 17, 2021 |
N315966: The tariff classification of a glove from Pakistan
| HTS: 3926.20.4050, 6.5% “Other articles of plastics and articles of other materials of headings 3901 to 3914, articles of apparel and clothing accessories (including gloves, mittens and mitts), Gloves, mittens and mitts: Other: Other, Other.” |
| Item: A glove with a palm side from fingertips to wrist constructed of a cellular polyurethane plastic-coated knit polyester fabric bonded to another layer of polyester knit fabric. The backside of the glove is constructed of 96% polyester, 4% spandex knit fabric. The glove features fourchettes, an adjustable hook and loop wrist closure, a knit textile cuff, insulation, reinforcement patches on the back side fingertips and three palm side fingertips, and a separate lining. |
| Reason: The essential character of the glove is imparted by the palm side cellular plastic-coated knit fabric. In this style, the knit textile fabric is present to merely reinforce the polyurethane. The gloves are therefore classified in chapter 39. |
| Ruling Date: June 16, 2021 |
N319556: The tariff classification of blankets from China
| HTS: (1) and (2): 6301.40.0020, 8.5%, “Blankets and traveling rugs: Blankets (other than electric blankets) and traveling rugs, of synthetic fibers: Other.” (3) 6301.40.0010, 8.5%, "Blankets and traveling rugs: Blankets (other than electric blankets) and traveling rugs, of synthetic fibers: Woven.” |
| Item: (1) a plush faux fur blanket made from 100 percent polyester knit pile fabric. The heavy-texture blanket features six large self-fabric covered pom poms spaced approximately 12 inches apart on each end and measures 60 X 70 inches. (2) A knit blanket with a self start bottom made from 100 percent acrylic yarns. The soft blue colored blanket has a heavy weight, thick texture and measures 60 X 70 inches. (3) A 100 percent acrylic, lightweight, blanket, woven in a waffle weave diamond pattern. The warp yarns extend to form a four inch knotted fringe at the ends; the sides are hemmed. The blanket measures 60 X 70 inches. |
| Reason: N/A |
| Ruling Date: June 15, 2021 |
N319487: Tariff classification for Fazua Evation e-bike System Components from Germany
| HTS: (1) 8714.99.8000, 10%, “Parts and accessories of vehicles of headings 8711 to 8713: Other: Other." (2) 8537.10.9170, 2.7%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other." |
| Item: (1) A bracket used for transmitting user pedal power and motor power from an e-bike drive pack unit to the bicycle chain or belt drive. The bracket is an angular gearbox fixed to the bicycle which includes an integrated control board for torque and cadence measurements from the bottom bracket sensors. (2) An Anclosed printed circuit board assembly (PCBA) having two multi-pin cables extending from each side, which functions to distribute power to the eBike’s lighting and control systems. It consists of various electronic components in addition to a fuse, an electrical switch, and two connectors. |
| Reason; N/A |
| Ruling Date: June 14, 2021 |
N319553: The tariff classification of footwear from China
| HTS: 6404.11.8930, 90¢/pair + 20%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $6.50 but not over $12/pair: other: for men." |
| Item: A man’s, below-the-ankle, closed toe/closed heel sneaker. The external surface area of the upper is made up of corduroy textile material. A lace, threaded through three pairs of metal eyelets on each side of the tongue, is the means of closure. The footwear has a cushioned insole, a rubber or plastics outer sole, and a foxing-like band. The outer sole has some leather fibers flocked onto the external surface in contact with the ground. |
| Reason: The flocking is microns thin and does not have the character of composition leather or leather. It should be treated as a “similar attachment” described in Note 4(a) to Chapter 64 of the Harmonized Tariff Schedule of the United States (HTSUS) and disregarded for tariff purposes pursuant to Note 4(b) to Chapter 64, HTSUS, and General Explanatory Note (C) to Chapter 64. |
| Ruling Date: June 14, 2021 |
N319554: The tariff classification of footwear from Vietnam
| HTS: (1) and (2): 6402.99.3165, 6%, "Footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): other: other: other: for women." (3): 6402.99.9035, 20%, "Other footwear with outer soles an uppers of rubber or plastics: other footwear: other: other: other: other: valued over $12/pair: other: for men.; (4) 6404.19.3960, 37.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: other: other: for women." |
| Item: (1) and (2): A woman’s, open toe/open heel, below-the-ankle sandal. (3) A man’s, closed toe/closed heel, below-the-ankle shoe. (4) A closed toe/open heel, below-the-ankle slipper. |
| Reason; N/A |
| Ruling Date: June 14, 2021 |
N319436: The tariff classification of Acetylcysteine Injection in dosage form, from Spain
| HTS: 3004.90.9290, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses…or in forms or packing for retail sale: Other: Other: Other: Other.” |
| Item: Acetylcysteine Injection, imported in 6 g/30 mL (200 mg/mL), an intravenous antidote for the treatment of acetaminophen overdose. Acetylcysteine injection is indicated to prevent or lessen hepatic injury after ingestion of a potentially hepatotoxic quantity of acetaminophen in patients with acute ingestion or from repeated supratherapeutic ingestion (RSI). |
| Reason: N/A |
| Ruling Date: June 11, 2021 |
N319435: The tariff classification and country of origin of Micafungin for Injection in dosage form
| HTS: 3004.20.0060, 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 antibiotics: Other: Other.” |
| Item: Micafungin for Injection, imported in 50 mg and 100 mg vials, an antifungal medication containing Micafungin Sodium, as the active ingredient. It is indicated for the treatment of Candidemia, Acute Disseminated Candidiasis, Candida Peritonitis and Abscesses in adult and pediatric patients four months of age and older. |
| Reason; N/A |
| Ruling Date: June 10, 2021 |
N315562: The tariff classification of ceramic earthenware figurines from France
| HTS: 6913.90.1000, free, “Statuettes and other ornamental ceramic articles: Other: Statues, statuettes and handmade flowers, valued over $2.50 each and produced by professional sculptors or directly from molds made from original models produced by professional sculptors.” |
| Item: Figurines of birds and a mouse that are made of clay and feature a lustrous glaze with various metal oxides. All of the figurines are hand-decorated with either a paintbrush or a spotting technique. All of the figurines are for decorative use. Each figurine is valued at over $2.50 and has been produced directly from a plaster mold of an original model that was created by the sculptor Heidi Caillard. All ceramic pieces are signed on the bottom of each figurine by the sculptor. |
| Reason: N/A |
| Ruling Date: May 26, 2021 |