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:
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
N319947: The tariff classification of footwear from Italy
| HTS: (1) 6402.99.2760, 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 such as those mentioned in note 4(a) to this chapter) 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: other." (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 such as those mentioned in note 4(a) to this chapter) 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: other." (3) 6406.10.6000, Free, "Parts of footwear (including uppers whether attached to soles other than outer soles); uppers and parts thereof, other than stiffeners: other: of rubber or plastics." |
| Item: The Calzuro Classic Without Upper Ventilation Holes (aka Calzuro No Holes or Calzuro Classic Without Holes) is a molded rubber or plastics, clog style shoe. It has a closed toe, an open heel, and openings in the upper around most of the perimeter near the footbed. It is available for sale in a variety of solid colors and is claimed to have an anti-static and anti-slip outer sole. This style can be worn with heel straps that are imported and sold separately. The Calzuro Classic With Upper Ventilation Holes (aka Calzuro With Holes or Calzuro Classic With Holes) is essentially the same as the Calzuro Classic Without Upper Ventilation Holes except this style has holes in the upper over the toes and top of the foot. The Calzuro Fancy is substantially like the Calzuro With Holes except the Calzuro Fancy is manufactured in tie-dyed or swirled color schemes. |
| Reason: N/A |
| Ruling Date: July 7, 2021 |
N319948: The tariff classification of footwear from Italy
| HTS: (1) 6402.99.2760, 3%, "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: sandals and similar footwear of plastics, produced in one piece by molding: for women." (2) 6403.99.1000, Free, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear; other; footwear made on a base or platform of wood not having an inner sole or a protective metal toe-cap." |
| Item: The Calzuro Aqua is a woman’s open toe, open heel, thong sandal. It is made of one-piece molded, lightweight rubber/plastics material. It has a V-shaped strap upper and a contoured outer sole. It is available for sale in various solid colors. The Calzuro Wood is a woman’s clog that has a closed toe and an open heel. The upper is made of genuine perforated leather and decorated with a leather strap and a metal buckle and rivets. The outer sole unit consists of a wood base under the foot and rubber/plastics material. It does not have an inner sole or a protective metal toe cap. This style is available in two colors. |
| Reason: N/A |
| Ruling Date: July 7, 2021 |
N319963: The tariff classification of a steel motor vehicle seat cable bracket from Mexico
| HTS: 8302.42.3065, 3.9%, "Base metal mountings, fittings and similar articles… Other mountings, fittings and similar articles, and parts thereof: Other, suitable for furniture: Of iron or steel, of aluminum or of zinc; Other." |
| Item: A motor vehicle seat cable bracket also called a compensator bracket. It is designed to mount a mechanical cable assembly, also known as a “Bowden Cable”, to a motor vehicle seat frame structure. The Bowden Cable is part of the mechanism that folds the seat to an up or down position. The bracket attaches around the compensator housing of the cable and then is mounted directly to the vehicle’s seat frame. The bracket is made of a base metal SAE J2340 Grade 340XF HR – high strength low alloy steel. |
| Reason: N/A |
| Ruling Date: July 7, 2021 |
N320012: The tariff classification of Mixed Feed from Canada
| HTS: 2309.90.1030, Free, "Preparations of a kind used in animal feeding; Mixed feeds or mixed feed ingredients; Dairy cattle feed, prepared." |
| Item: Mixed Feed. The product, an animal feed, is composed of cracked corn (8 percent) and feed grade sugar (92 percent). You have stated that sugar is a necessary component for formulating dairy rations resulting in the production of milk with increased nutrition, higher quality, and value. The product, which will be imported in bulk quantity at an estimated weight of 22,000 kilos per load, will be sold to dairy farms, ultimately for ingestion by dairy cattle. |
| Reason: N/A |
| Ruling Date: July 7, 2021 |
N320038: The country of origin of Dungeness Crabs
| Origin: United States |
| Item: Dungeness Crabs are caught in pots in Canadian waters by Canadian flagged vessels. The live crabs are placed in totes and then transported by refrigerated trucks to the United States where each crab will be impaled by a metal spike to separate the shell from the body and then split the crabs in half. The remaining form of the crabs will be cleaned mechanically, cooked, brine frozen and glazed. |
| Reason: The shells will be removed then the crab clusters will be cleaned, cooked, brine frozen and glazed in the U.S. |
| Ruling Date: July 7, 2021 |
N320078: The tariff classification of a go-kart chassis from China
| HTS: 8708.99.8180, 2.5%, "Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Other: Other: Other." |
| Item: Go-Kart Frame/Chassis consisting of Number 20 steel. You state that the chassis is imported without the engine or any other components. When fully assembled, the off-road go-kart is designed for children of 10 years old and over for recreational purposes. The go-kart is powered by a gas engine and operated only by a gas pedal and brake pedal. There is no manual clutch or transmission. The go-kart is sold with a speed governor set at approximately 12 miles per hour (mph). The governor can be removed and the speed will increase to a maximum of 27 mph. |
| Reason: N/A |
| Ruling Date: July 7, 2021 |
N320210: The tariff classification of a beach chair pocket towel from China
| HTS: 6304.92.0000, 6.3%, “Other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of cotton.” |
| Item: "Beach Chair Pocket Towel,” is a lounge chair cover. The 29 x 80 inch cover is made from 100 percent cotton, printed, woven terry toweling fabic. The cover is printed with stripes on the sheared face side and has terry loops on the back. It features a 10 x 29 inch pocket on the back that slips over the head portion of a lounge chair to secure it in place and open side pockets measuring 8½ x 12 inches sewn to both sides to store valuables, phones, magazines, sunglasses, sun creams etc. All four edges are hemmed. You state that the cover will be sold in additional printed patterns. |
| Reason: N/A |
| Ruling Date: July 7, 2021 |
N320320: The tariff classification of a sports towel from China
| HTS: 6307.90.8940, 7%, "Other made up articles, including dress patterns: Other: Other: Surgical towels; cotton towels of pile or tufted construction; pillow shells, of cotton; shells for quilts, eiderdowns, comforters and similar articles of cotton: Cotton towels of pile or tufted construction." |
| Item: A sports towel made from 100% cotton woven terry toweling |
| Reason: The importer provided a sample. CBP was unable to determine status under the U.S.-Jordan Free Trade Agreement, as requested. |
| Ruling Date: July 7, 2021 |
N320074: The Country of Origin Marking of Reversible Bikini Swimsuit Tops
| Issue: What is acceptable marking for an imported bikini swimsuit top |
| Item: Women’s reversible bikini swimsuit top with two types of marking, one with and adhesive label and another attached with a safety pin |
| Reason: The adhesive label would satisfy the permanence requirements, while the hangtag attached by safety pin wouldn't. |
| Ruling Date: July 6, 2021 |
N320165: The tariff classification of tripods from China
| HTS:(1) 9620.00.6500, 2.9%, “Monopods, bipods, tripods and similar articles: Of iron or steel.” (2) 9620.00.5000, 5.3%, “Monopods, bipods, tripods and similar articles: Other: Of plastics.” |
| Item: Ring Light Tripod and the Ring Light with Premium Tripod and Bluetooth with adaptor |
| Reason: One tripod is made predominantly of steel, the other is made predominantly of plastic. |
| Ruling Date: July 6, 2021 |