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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N320172: The tariff classification of woven ribbons with false selveges from China
| HTS: Polyester ribbon: 5806.32.1080, 6%, “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Of man-made fibers: Ribbons… Other: Of a width not exceeding 12 cm: Other.” Secondary classification: 9903.88.03, 25%. Acetate ribbon: 5806.32.1040, 6%, “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Of man-made fibers: Ribbons… Other: Of a width not exceeding 12 cm: Of polyester: Other.” Secondary classification: 9903.88.03, 25%. |
| Item: Ribbons which will be imported from China. One ribbon is composed wholly of polyester and the other is wholly of acetate, that they are approximately five centimeters in width, and will be imported on rolls. The ribbons are cut with a hot knife on their edges and embossed. This process has created false selveges and that the construction of the ribbons is woven. |
| Reason: N/A |
| Ruling Date: July 6, 2021 |
N316581: The tariff classification of APL-2, pegcetacoplan (CAS # 2019171-69-6) from Switzerland
| HTS: 3907.20.0000, 6.5%, "Polyacetals, other polyethers and epoxide resins, in primary forms: other polyethers." |
| Item: Pegcetacoplan (CAS # 2019171-69-6), marketed for use in clinical trials to treat various immunological diseases. The product targets the part of the immune system known as the complement system. The product is formed in a single reaction between Peptide 1603 and polyethylene glycol (PEG). The pegylated product is preferred because the PEG extends the half-life of the compound, allowing the APL-2 drug product to be dosed less frequently and in smaller amounts. The product will be imported into the United States as a pure bulk solid. |
| Reason: The subject product is not considered to be an immunological product as described in Chapter 30 Note 2. |
| Ruling Date: July 2, 2021 |
N317878: The tariff classification of five molded glass tiles from China
| HTS: 7016.90.1050, 8%, "Paving blocks, slabs, bricks, squares, tiles and other articles of pressed or molded glass, whether or not wired, of a kind used for building or construction purposes…: Other: Paving blocks, slabs, bricks, squares, tiles and other articles of pressed or molded glass: Other.” Secondary classification: 9903.88.03, 25%. |
| Item: Glass tiles approximately 12 inches square, with top surfaces are smooth and have rounded edges. The glass tiles are primarily used on the wall as a backsplash and are designed to be affixed with an adhesive or with thin-set mortar. The tiles are made of borosilicate glass and composed of pressed or molded glass. |
| Reason: N/A |
| Ruling Date: July 2, 2021 |
N318537: The tariff classification of women’s jackets and a vest from Vietnam and China
| HTS: (1) 6102.30.2010, 28.2%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Other: Women’s." Secondary classification: 9903.88.15, 7.5%. (2) 6202.93.5511, 27.7%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted, other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other: Other: Other: Women’s." (3) 6110.30.3035, 32%, "Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Vests, other than sweater vests: Women’s or girls’." |
| Item: (1) A women’s hip-length jacket constructed from knit and woven fabric components; (2) A women’s thigh-length jacket constructed from knit and woven fabric components; (3) A women’s vest constructed from knit and woven fabric components. |
| Reason: (1) The knit fleece fabric, comprises 65% of the surface area, represents more than 50% of the weight of the garment, is valued higher than the woven component, and therefore imparts the essential character. (2) Neither fabric imparts the essential character of the garment, so it is classified under GRI 3(c), under heading 6202, the heading that occurs last in the tariff of those which equally merit consideration. (3) The man-made knit fabric imparts the essential character. |
| Ruling Date: July 2, 2021 |
N319862: The tariff classification of flip flop ornamentation from China
| HTS: 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: An assembled configuration of hook-and-loop fasteners available in two different designs. Both configurations are designed to be wrapped around the thong of a flip flop and used with interchangeable “Bling” to decorate the flip flop as part of the Flipping Bling system. The hook-and-loop fasteners are composed of 100 percent nylon textile material. Interchangeable ornamentation for a flip flop available in four different designs. Each “Bling” contains a hook-and-loop fastener glued to the back, which attaches to the “Bling Maker" as part of the “Flipping Bling” system. |
| Reason: While heading 6404 provides for parts of footwear, shoe ornaments are specifically excluded from the heading and would not be classified in Chapter 64. |
| Ruling Date: July 2, 2021 |
N320041: The tariff classification of bamboo core boards, bamboo veneers, and cork sheet from China
| HTS: (1) 4421.91.9400, free, "Other articles of wood: Other: Of bamboo: Other: Edge-glued lumber." (2) 4408.90.0197, free, "Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm: Other: Other: Other." (3) 4504.10.5000, free, "Agglomerated cork (with or without a binding substance) and articles of agglomerated cork: Blocks, plates, sheets and strip; tiles of any shape; solid cylinders, including disks: Other." |
| Item: (1) Bamboo core panels imported in a multitude of sizes, constructed of a single layer of rectangular bamboo strips bonded together side-by-side to form an expanse, 7mm to 9.6mm thick. (2) Bamboo veneers, also imported in multiple sizes, of the same construction as the core panels but measuring only 0.5mm to 5.6mm in thicnness; (3) Cork sheet or veneer, made of agglomerated cork measuring 1mm in thickness. The cork may be backed with polyester textile for reinforcement. |
| Reason: (1) While the bamboo strips are laminated together, the resulting panel is not multilayered, and is therefore not plywood, a veneered panel, or similar laminated wood of heading 4412. Instead, the panels are edge-glued lumber. (2) The language of heading 4408 provides for “sheets for veneering (including those obtained by slicing laminated wood)…sawn lengthwise, sliced, or peeled…of a thickness not exceeding 6mm.” This language plainly describes the instant veneers. Therefore, the instant veneers are classifiable in heading 4408 as “sheets for veneering”. (3) The Explanatory Notes to the Harmonized System for Chapter 45 provide that “agglomerated cork” is manufactured by agglomerating granulated, crushed, or ground cork under heat and pressure, with or without a binder. The uniform, homogeneous appearance of the cork sheet indicates that it consists of agglomerated cork. The ENs also provide that cork sheet may be reinforced with a textile backing. Therefore, the cork sheet, whether or not reinforced, falls squarely within the limits of Chapter 45. |
| Ruling Date: July 2, 2021 |
N320087: The tariff classification of quilted throws from Portugal
| HTS: 6304.99.3500, 11.3%, “Other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of other textile materials: Other: Other.” |
| Item: Quilted throws, constructed of an outer shell of 100 percent hemp woven fabric and are filled with 100 percent polyester fiberfill. Quilt stitching is made through all three layers; on the Horizon Quilt, lengthwise, only, and on the Daybreak Quilt in both the horizontal and vertical directions creating various sized rectangles. Both quilts are finished with self-fabric binding around the edges and are offered in solid colors. The overall dimension of each quilt will be 65 x 98 inches. |
| Reason: These quilted throws are not considered classifiable as quilts of Heading 9404 since they are not of a standard bedding size. |
| Ruling Date: July 2, 2021 |
N320144: The tariff classification of a women’s jacket from Vietnam
| HTS: 6102.30.2010, 28.2%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Other: Women’s." |
| Item: A women’s hip-length jacket constructed from knit and woven fabric components. The raglan sleeves, sides, and back panel are constructed from 100% polyester knit fabric, which is heavily brushed on the inside. Most of the front panels and back yoke are constructed from 100% polyester woven fabric layered with a nonwoven polyester batting and quilted to a woven polyester lining fabric. The garment features a full front opening with a zipper closure that extends to the top of a stand-up collar, an inner storm flap, long raglan sleeves with thumbhole cuffs, zippered pockets below the waist, and a bottom bound with elastic binding tape. The garment also contains reflective logos on the back shoulders. |
| Reason: The knit fabric imparts the essential character of the garment. |
| Ruling Date: July 2, 2021 |
N320291: The tariff classification of boys’ and girls’ jackets from various countries
| HTS: (1) 6202.93.5521, 27.7%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: Other: Other: Other: Other: Other: Girls’." (2) 6201.93.6521, 27.7%, "Men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: Other: Other: Other: Other: Other: Boys’." |
| Item: (1) A girls’ hip-length jacket constructed from woven fabric. The front and back panels are constructed from 100% polyester woven fabric layered with a nonwoven polyester batting, which is channel quilted to a polyester woven fabric. The quilted fabric is visibly coated with plastic on the inside surface. The sleeves and hood are constructed from a laminated fabric consisting of an outer layer of 100% polyester woven fabric, a middle layer of plastic film, and an inner layer of a 100% polyester knitted fabric. The plastic in the bonded fabric is not visible when cut at a 90-degree angle and viewed in cross-section. (2) a boys’ hip-length jacket constructed from woven fabric. The top half of the front and back panels, a portion of the sleeves, and a 3.5-inch strip down the middle of the hood are constructed from 100% polyester woven fabric layered with a nonwoven polyester batting, which is quilted in a diamond pattern to a polyester woven fabric. The quilted fabric is visibly coated with plastic on the inside surface. Most of the upper and lower portions of the sleeves, the bottom half of the front and back panels, and the rest of the hood are constructed from a laminated fabric consisting of an outer layer of 100% polyester woven fabric, a middle layer of plastic film, and an inner layer of a 100% polyester knitted fabric. The plastic in the bonded fabric is not visible when cut at a 90-degree angle and viewed in cross-section. |
| Reason: Both styles are made from quilted fabric in the piece of heading 5811. Note 2(a)(6) to Chapter 59 excludes textile products of heading 5811. Also, the plastic in the laminated fabric is not visible as the term is defined in Note 2 to Chapter 59. Therefore, neither garment is made up of a fabric of heading 5903, so heading 6210 is not applicable. |
| Ruling Date: July 2, 2021 |
N319278: The country of origin and marking of hypodermic safety needles
| Origin: China, Japan, France or South Korea, depending on the country of origin of the stainless steel needles/cannulae. |
| Item: Hypodermic safety needles individually packaged in a preformed sterile barrel film pocket, sealed closed with a sterile barrier paper lidding. Each hypodermic safety needle consists of four parts: (1) a stainless steel needle (also referred as a cannula) – a thin hollow tube with a sharp tip, (2) a plastic hub adapter (3) a plastic needle safety shield, and (4) a plastic needle sheath (cap). The stainless steel needles/cannulae are purchased and imported into the United States. They are already cut to length and sharpened when imported and can be of Chinese, Japanese, French or South Korean origin. The plastic hub adapters, plastic needle safety shields and plastic needle sheaths are all manufactured through a molding process in the United States where the plastic pieces are then assembled with the purchased stainless steel needles, packaged, and sterilized. |
| Reason: The assembly, sterilization, and packaging performed in the United States do not result in a substantial transformation of the stainless steel needles/cannulae. We find the stainless steel needles/cannulae are the essence of the of the hypodermic safety needles. |
| Ruling Date: May 21, 2021 |