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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N320218: The tariff classification of imitation meat products from the United Kingdom
| HTS: 2106.90.9895, 6.4%, "food preparations not elsewhere specified or included . . . other . . . other . . . frozen." |
| Item: Imitation meat products based on “Mycoprotein,” a meat free protein. |
| Reason: N/A |
| Ruling Date: July 20, 2021 |
N320257: The tariff classification of a BGO (Bismuth Germanium Oxide) shield from Sweden
| HTS: 9030.10.0000, Free, “Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations; parts and accessories thereof: Instruments and apparatus for measuring or detecting ionizing radiations." |
| Item: The BGO (Bismuth Germanium Oxide) shield will be incorporated into the payload of a stratospheric balloon flight experiment. The shield is made of three main components: (1) a 35.1 kg BGO crystal and a 6.9 kg BGO crystal, (2) an Al housing to hold the crystal and to keep it in a light tight environment, and (3) 8 Hamamatsu Photomultiplier Tubes (PMTs) with biasing electronics. The objective of the BGO shield is to detect X-rays that come from the X-ray mirror, which is part of the payload, through the opening in the BGO shield. The crystal scintillates when struck by energetic particles and the PMTs detect the scintillation light pulses. If an energetic particle hits the shield, it generates an anticoincidence signal which is read out by the PMTs. |
| Reason: N/A |
| Ruling Date: July 20, 2021 |
N320271: The tariff classification of Stainless Steel Grab Bars from China
| HTS: 8302.41.6080, 3.9%, "Base metal mountings, fittings and similar articles… Other mountings, fittings, and similar articles, and parts thereof: Suitable for buildings: Other: Of iron or steel, of aluminum or of zinc… Other. " Secondary classification 9903.88.03. |
| Item: Stainless Steel Grab Bars. The grab bars are comprised of stainless steel and offered in two designs; one with concealed flanges and one with exposed flanges. Each grab bar has a diameter of either 1¼ inches or 1½ inches and tube lengths which vary from 12 inches to 48 inches. The grab bars are available in a satin or a peened finish. These grab bars are designed so that there is 1½ inches of space between the wall and the grab bar. The bars have a weight-bearing capacity of at least 250 pounds of vertical or horizontal force on any part of the bar. The grab bars are “designed for use in hospitals, hotels, government facilities, commercial building and residential home settings”. The submitted marketing and technical information indicate that each grab bar is intended to aid persons who are disabled and meets the Americans with Disabilities Act (ADA) requirements. |
| Reason: N/A |
| Ruling Date: July 20, 2021 |
N320427: The tariff classification of “2022 Kids Workshop Monthly Kits” from China and Thailand
| 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: The “2022 Kids Workshop Monthly Kits” is comprised of a series of thirteen different children’s educational activity kits which are introduced at the beginning of every month. The products are intended to be purchased and built in a retail store setting to promote an enjoyable and educational activity for young children with adult supervision. Each craft kit includes an instruction sheet and a parent’s “Discovery Education” guide. The five kits under consideration for this ruling refer to the crafts to be provided in the months of July through November 2022. |
| Reason: N/A |
| Ruling Date: July 20, 2021 |
N320428: The tariff classification of “2022 Kids Workshop Monthly Kits” from China and Thailand
| 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: The “2022 Kids Workshop Monthly Kits” is comprised of a series of thirteen different children’s educational activity kits which are introduced at the beginning of every month. The products are intended to be purchased and built in a retail store setting to promote an enjoyable and educational activity for young children with adult supervision. Each craft kit includes an instruction sheet and a parent’s “Discovery Education” guide. The three kits under consideration for this ruling refer to the crafts to be provided in the months of November 2022, December 2022, and January 2023. |
| Reason: N/A |
| Ruling Date: July 20, 2021 |
N320445: The tariff classification of the “Mini Cyberquad” 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: The “Mini Cyberquad”, Radio Flyer item number 914, is a miniature electric off-road four-wheeled vehicle featuring a speed lock for parental control. Other features include simple handlebar steering, simple rear spring suspension, a 500-watt, variable speed, 36-volt / 8 AH rechargeable battery, with speeds up to 10 miles per hour, hand throttle and brake controls, and a maximum user weight of 120 pounds. The “Mini Cyberquad” is a wheeled toy principally designed for the amusement of children ages 8 and older. |
| Reason: N/A |
| Ruling Date: July 20, 2021 |
N320106: The tariff classification of a Vegetable Chili Mix product from Canada
| HTS: 2106.90.9898, 6.4%, "Food preparations not elsewhere specified or included . . . other . . . other . . . other." |
| Item: Vegetable chili mix |
| Reason: N/A |
| Ruling Date: July 19, 2021 |
N320151: The Classification, Marking and Eligibility of the United States-Mexico-Canada Trade Agreement (USMCA) for Double Truffle Hot Chocolate Drink Mix and No Sugar Added Hot Chocolate Drink Mix
| HTS: (1) 0307.43.0029, Free, “Chocolate and other food preparations containing cocoa: Other: Other: Other: Articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17: Described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions." (2) 1806.90.5900, 37.2 cents per kilo plus 6 percent, Chocolate and other food preparations containing cocoa: Other: Other: Other: Articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17: Described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. (3) 1806.90.9090, 6%, Chocolate and other food preparations containing cocoa: Other: Other: Other: Other: Other: Other." |
| Country of Origin Marking: Canada |
| Eligibility: Eligible for USMCA treatment |
| Item: Chocolate drink mixes |
| Reason: Because the foreign materials contained in the Double Truffle Hot Chocolate Drink Mix (sugar, creamer, cocoa powder and modified cellulose gum) and the No Sugar Added Hot Chocolate Drink Mix (cocoa, chicory root fiber and sucralose) are classified in subheadings outside of subheading 1806.90, the tariff shift rule in 19 C.F.R. § 102.20 is met. Therefore, in accordance with 19 C.F.R. § 102.11(a)(3), the country of origin for marking purposes of both products is Canada. |
| Ruling Date: July 19, 2021 |
N320164: The tariff classification of a garlic peeler and press set from China
| HTS: 7323.93.0060, 2%, "Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polish pads, gloves and the like, of iron or steel: Other: Of stainless steel…Cooking and kitchen ware: Other: Kitchen ware." |
| Item: The garlic peeler measures approximately 5 1/16 inches long and 1.25 inches in diameter, as measured as its widest points. The peeler is a cylindrical shaped hollow tube, made of silicone. The function of the item is to peel garlic gloves. In use, the peeler is placed on a hard flat surface and the garlic cloves are placed inside the tube. The user presses downward and rolls the tube back and forth until the peel crushes and separates from the clove. The tip of the tube allows the peeled pieces to drop out, while most of the peel remains inside the tube. The peel is now ready to be crushed by the press. The press measures approximately 4.25 inches long by 2 inches wide and 2.75 inches in diameter, as measured at its widest points. The press has an arc shaped handle made of Acrylonitrile Butadiene Styrene (ABS) plastic and has a stainless steel working edge. The working edge to the press contains uniform round holds. The function of the item is to crush garlic gloves. In use, a peeled garlic clove is placed on a hard, flat surface. The user presses down vertically, and by using a back-and-forth rocking motion, the garlic is minced and crushed. |
| Reason: The stainless steel working edge to the press imparts the essential character of the set. |
| Ruling Date: July 19, 2021 |