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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N319986: The tariff classification of an acrylonitrile-butyl acrylate-methyl methacrylate-styrene copolymer (CAS # 25852-38-4) and a styrene acrylonitrile butyl acrylate polymer (CAS # 26299-47-8) from China
| HTS: (1) 3903.90.5000, 6.5%, “Polymers of styrene, in primary forms: other: other”; Secondary classification: 9903.88.02, 25%. (2) 3906.90.5000, 4.2%, “Acrylic polymers in primary forms: other: other: other.” Secondary classification: 9903.88.02, 25%. |
| Item: (1) Merkon H-640, an acrylonitrile-butyl acrylate-methyl methacrylate-styrene copolymer (CAS # 25852-38-4), consisting of 61.9% styrene, 17.7% polymethyl methacrylate, 13.7% acrylonitrile, 4.9% butyl acrylate and less than 2% additives. The product will be imported as a white powder, and will be used as a process aid in the production of polyvinyl compounds; (2) Merkon H-660, a styrene acrylonitrile butyl acrylate polymer (CAS # 26299-47-8), consisting of 62.2% butyl acrylate, 21.7% styrene, 14.8% acrylonitrile and less than 2% additives. The product will be imported as a white powder, and will be used as a plastic impact modifier. |
| Reason: N/A |
| Ruling Date: June 28, 2021 |
N319983: The country of origin of a running board
| Origin: China |
| Item: An aluminum die-cast running board used on a Nissan King Cab (pickup truck). The base of the board is produced in China and imported to Canada, where the supplier applies a transformative pretreatment and proprietary finishing treatment. During the pretreatment process, an e-coat and powder coatings are applied. These processes protect the product from rust and corrosion. Otherwise, the product is useless and cannot be installed “untreated” on the truck. After pretreatment, the proprietary finishing is applied, which is the predominant coating that provides incredible protection of the step ramp. |
| Reason: The running board base from China is imported into Canada in the same shape and form as the finished product. The end use of the base is pre-determined at the time of importation. As a result, no substantial transformation occurs in Canada. The country of origin of the running board will be China for purposes of applying trade remedies under Section 301. |
| Ruling Date: June 28, 2021 |
N319966: The tariff classification of a hat from China
| HTS: 6505.00.8090, 18.7¢/kg + 6.8%, “Hats or other headgear, knitted or crocheted, or made from lace, felt or other textile fabrics, in the piece (but not in strips)…Other: Other: Of man-made fibers: Other: Not in part of braid, Other: Other: Other.” Secondary classification: 9903.88.03, 25%. |
| Item: A hat constructed of 100% polyester woven fabric. The hat is 36 inches in length. The hat features a pom-pom on the top and a faux fur cuff at the bottom. |
| Reason: The hat does not sufficiently resemble a traditional Santa hat. The 36” length of this headgear detracts from its appearance as a pointy hat, which differentiates it from the types of red and white Santa hats that CBP has classified as festive articles of heading 9505. To be classified as a Santa hat, the hat's physical appearance must be so intrinsically linked to Christmas that its display at any other time would be aberrant. Since the instant item does not sufficiently resemble a traditional Santa hat, the use of this item as headgear at any other time would not be considered aberrant. |
| Ruling Date: June 28, 2021 |
N319953: The tariff classification of tool holsters 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: 9903.88.03, 25%. |
| Item: Tool holsters constructed with an outer surface of polyester, which is a man-made textile material. Each article is designed to provide protection, portability, organization and storage to various hand tools and related accessories. Each item attaches to a tool belt. |
| Reason: N/A |
| Ruling Date: June 28, 2021 |
N320023: The tariff classification of magnetic steel shelves from China
| HTS: 8302.50.0000, free, “Hat racks, hat pegs, brackets and similar fixtures and parts thereof, of base metal.” Secondary classification: 9903.88.03, 25%. |
| Item: A “Magnetic Shelf” made of carbon steel and includes a magnetic strip on the back for affixing the shelf to a grill, smoker, oven, refrigerator, washer, dryer or any other surface that attracts a magnet. The shelf is formed from a single piece of sheet metal formed into an L-shape. The edge of the shelf is bent upward slightly to form a lip at the front and a single railing wraps around the front of the shelf. The lip on the edge and the railing function to contain items stored on the shelf and prevent them from falling off. The magnetic mounting can support up to six pounds. |
| Reason: The subject magnetic shelf is composed of different components (base metal and magnet) and is considered a composite good. The metal shelf, which is used to hold various household items provides the essential character. As such, the magnetic shelf is classified by application of GRI 3(b), according to its metal component. This magnetic shelf is 1) made of base metal, 2) affixed to a vertical surface and 3) used to hang, hold or support other household items. Based on these three factors, the magnetic shelf is ejusdem generis with the exemplars in heading 8302.50.0000, which provides for hat racks, hat pegs, brackets and similar fixtures and parts thereof, of base metal. |
| Ruling Date: June 29, 2021 |
N320010: The tariff classification of a wall-mounted iron soap dish from China
| HTS: 8302.50.0000, free, “Hat racks, hat pegs, brackets and similar fixtures and parts thereof, of base metal.” Secondary classification: 9903.88.03, 25%. |
| Item: A soap dish made from iron wire that includes two suctions cups on the back for affixing the soap dish to a shower wall or other tiled vertical surface. |
| Reason: The explanatory notes specifically state that soap dishes are included as sanitary ware of 7324. However, Section XV, Note 2, states that articles of chapter 82 or 83 are excluded from chapters 72 to 76 and 78 to 81. The subject wall-mounted soap dish, which serves to store soap on a wall or other vertical surface, is specifically provided for in subheading 8302.50.0000, because it shares the essential characteristics or purpose with the exemplars in that subheading. As the Section Notes are legally binding whereas the ENs are not, we must follow Section XV, Note 2, which excludes classification of the wall mounted soap dish in subheading 7324.90.0000. |
| Ruling Date: June 29, 2021 |
N320003: The tariff classification of boys’ swimsuit from Bangladesh, Cambodia, China
| HTS: 6211.11.1020, 27.8%, “Track suits, ski-suits and swimwear, other garments: swimwear: men’s or boys’: of man-made fibers: boys.’” Secondary classification: 9903.88.15, 7.5%. |
| Item: A pair of boys’ swimsuit bottom. The swimsuit is composed of 100% polyester woven fabric. They feature: a fully functional drawstring threaded throughout an elasticized waistband; a brief-style mesh liner; two side pockets with mesh liners; a back pocket with grommet; and hemmed leg openings. |
| Reason: The coating, on the swimsuit, is not visible as the term is defined in Note 2 to Chapter 59, so heading 6210 is not applicable. |
| Ruling Date: June 29, 2021 |
N319974: The tariff classification of Mixed Spices from India
| HTS: 0910.91.0000, 1.9%, “Ginger, saffron, turmeric (curcuma) thyme, bay leaves, curry and other spices: Other spices: Mixtures referred to in note 1(b) to this chapter.” |
| Item: Masala spice mixes |
| Reason: N/A |
| Ruling Date: June 29, 2021 |
N319959: The country of origin and marking of certain blood pressure monitors
| Origin: Vietnam |
| Marking: CBP suggests using the following phrases for marking in a conspicuous place as legibly, indelibly, and permanently as the nature of the articles (or their containers) will permit, such as “Assembled in Vietnam, designed in Taiwan,” “Manufactured in Vietnam, designed in Taiwan” or words of similar meaning assuming the close proximity and comparable size of 19 CFR 134.46 is met. |
| Item: Blood pressure monitors comprised of numerous components, which are sourced from China, Taiwan and Vietnam. All components are shipped to Vietnam for assembly, function processing and packaging. The BP Monitors contain a printed circuit board assembly (“PCBA”) produced by surface mount technology (“SMT”) in Vietnam by mounting Taiwanese and Chinese electrical components onto a Chinese-origin printed circuit board. The item is proposed to be marked, “Designed in Taiwan and Assembled/Manufactured in Vietnam.” |
| Reason: The printed circuit board assembly occurs in Vietnam using surface-mount technology. The blank MCUs are programmed in Vietnam using Taiwanese-origin firmware. The final assembly in Vietnam completes the BP monitors. The PCBA is critical to the function of the BP Monitors and imparts the essence of the finished articles. The firmware code enables the articles to read and quantify blood pressure data measurements as intended. CBP has previously allowed the phrase “designed in” to be used in conjunction with country of origin information. However, it is no longer acceptable to use “Made in,” “Product of, “or words of similar meaning, along with the words “Assembled in” in a single country of origin marking statement on articles of foreign origin imported into the U.S. |
| Ruling Date: June 29, 2021 |
N320174: The tariff classification of the “Finger Sports Pool Table Game” from China
| HTS: 9503.00.0073, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: A plastic miniature version of a billiard table measuring 5 inches by 7.25 inches, which includes four leg pegs, two plastic six-inch spring-action cue sticks, one plastic triangle rack, one cue ball and 15 unnumbered billiard balls measuring 0.322 inches in diameter. The toy is principally designed for the amusement of children 4 years of age and older. |
| Reason: N/A |
| Ruling Date: June 30, 2021 |