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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N320508: The tariff classification and applicability of trade remedies of a photovoltaic generator from Taiwan
| HTS: 8501.31.8010, 2.5%, "Electric motors and generators (excluding generating sets): other DC motors; DC generators: of an output not exceeding 750 W: Generators: Photovoltaic generators of a kind described in statistical note 9 to this chapter.." Secondary classification Electric motors and generators (excluding generating sets): other DC motors; DC generators: of an output not exceeding 750 W: Generators: Photovoltaic generators of a kind described in statistical note 9 to this chapter. Secondary classification 9903.45.25. |
| Item: A solar panel for a wireless outdoor camera (generator). The photovoltaic surface area measures 174 cm and is mounted inside a plastic enclosure. A 4 m long output cable having a micro USB connector on one end is permanently attached to the back side of the generator. Internally, the generator does not incorporate static converting apparatus and based on the provided specifications, it has a maximum output of 5.57 V and 2 Watts. |
| Reason: The product doesn't meet the requirements to be except from the Section 201 safeguard trade remedies. |
| Ruling Date: July 22, 2021 |
N320558: The tariff classification of a pair of knee sleeves from Vietnam
| HTS: 6307.90.9891, 7%, "Other made up articles, including dress patterns: Other: Other: Other: Other: Other." |
| Item: “Speed Knee Sleeves,” are a pair of unisex knee sleeves designed to protect a cyclist’s knees. The tapered tubular knee sleeves are to be worn from the mid-thigh to mid-calf. Each knee sleeve is composed of 40.2 percent polyurethane, 26.8 percent rayon, and 33 percent rubber knitted fabric. The sleeve features a 4 mm D30® padding covered by an abrasion fabric which is composed of 88 percent nylon and 12 percent spandex knitted fabric and is sewn on top of the outer side to protect the knee. The knee sleeve also features an elasticized opening with the “SPEED” logo, two rows of silicone grippers to prevent slippage, and a reflective “TLD” logo and a red “SPEED” logo printed on the elbow pad. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320162: The tariff classification of footwear from China
| HTS: 6404.19.9060, 9%, “Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: other: other: valued over $12.00/pair: for women." Secondary classification 9903.88.15. |
| Item: A woman’s, closed toe/closed heel, below the ankle, casual shoe. The shoe has a textile lace threaded through 7 pairs of metal eyelets over a separately attached tongue. The external surface area of the upper is made up of predominantly textile materials with a rubber/plastics toe cap. It has minimal underfoot cushioning. The external surface of the rubber/plastics outer sole that meets the ground is smooth. The molded outer sole overlaps the upper by ¼ inch constituting a foxing-like band. |
| Reason: N/A |
| Ruling Date: July 21, 2021 |
N320228: The tariff classification of footwear from China
| HTS: (1) 6401.10.0000, 37.5%, "Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes; footwear incorporating a protective metal toe-cap." Secondary classification 9903.88.15. (2) 6403.40.6000, 8.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear, incorporating a protective metal toecap: other." |
| Item: (1) A closed toe/closed heel, slip-on boot. The waterproof boot is said to be made of 100 percent PVC (polyvinyl chloride) plastics. It covers the ankle but not the knee, and measures approximately 15 inches tall. The injection-molded boot is constructed with steel tips to protect the toes and has extra heel and sole reinforcements for durability. (2) A closed toe/closed heel, below-the-ankle, slip on shoe. The upper is made of 100 percent natural leather. The shoe features a corrosion resistant steel toe cap, a padded collar, and a moisture resistant lining. The PU outer sole is resistant to oils, grease, and hydrocarbons. The non-slip shoe is water resistant and breathable. |
| Reason: N/A |
| Ruling Date: July 21, 2021 |
N320237: The country of origin of an electric motor and the applicability of certain trade remedies under Section 301
| Origin: Mexico, Not subject to Section 301 duties |
| Item: Brushed Permanent Magnet Direct Current Motor (PMDC motor), PN AEM70166, which is described as a DC electric motor that operates on 36 VDC and has a maximum output of 375 W. The PMDC motor is said to be used in various power tools and lawn/garden appliances. The PMDC motor is comprised of three main subcomponents: a wound rotor, an unwound magnetized stator, and the brush holder, where each subcomponent is composed of various parts including gears, bearings, magnets, a stator housing, a shaft, a lamination stack, a commutator, and more. |
| Reason: The Chinese stator housing is not substantially transformed as a result of gluing magnets and attaching a bearing in Mexico, and the stator subassembly remains a product of China. However, the assembly of the rotor and brush holder subassemblies, which are not products of China, coupled with the final manufacturing operations in Mexico, when considered in totality, overshadow the simplicity of the stamped stator housing. In our view, the manufacturing and assembly processes performed in Mexico results in a substantial transformation of the Chinese components and the PMDC motor will not be subject to the additional duties applicable to products of China under Section 301. |
| Ruling Date: July 21, 2021 |
N320252: The tariff classification of footwear from Myanmar
| HTS:6404.19.9060, 9%, "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: others: valued over $12.00/pair: for women." |
| Item: A closed-toe/closed-heel, below-the-ankle, woman’s shoe. The external surface area of the upper consists of 100 percent knit polyester textile material. The lightweight, lace-up shoe features 6 metal eyelets on each side of the separately attached tongue. The shoe has minimal underfoot cushioning. The mostly smooth external surface area of the outer sole is made of 100 percent rubber materials. It would not be considered a traction outer sole. The F.O.B. value is $24.60 per pair. |
| Reason: N/A |
| Ruling Date: July 21, 2021 |
N320335: Classification of an iron outdoor privacy screen with solar accent lights made in China
| HTS: 9403.20.0050, Free, "Other furniture and parts thereof: Other metal furniture: Household: Other: Other." Secondary classification 9903.88.03. |
| Item: Polaris Privacy Screen, item #173685. It is an iron privacy screen with a solar light, and it is described as an outdoor rectangular privacy partition measuring 61.4" (H) x 47.2" (W) x 15.9" (D) (measured at the base) and weighing 47 lbs. It is made of two rectangular sheets of iron (placed one in front of the other) with a large, geometric flower or mandala-type cut out on each sheet. There are LED accent lights between the two iron sheets, powered by a 5V 200MA solar cell and an 18650 lithium-ion battery. The lighting enhances the visual appeal of the privacy screen but does not provide general illumination. By value, the privacy screen is 90% iron and 10% lights/battery/electronics. To provide stability, four “L”-shaped supports are located at its base, one at each corner. It is made in China. |
| Reason: The screen meets the definition of furniture. |
| Ruling Date: July 21, 2021 |
N320338: The tariff classification of “Potassium Chloride” from Canada
| HTS: 3104.20.0000, Free, "Mineral or chemical fertilizers, potassic: Potassium chloride." |
| Item: 100% “Potassium Chloride” (CAS No. 7447-40-7), chemical formula KCl, also known as “Muriate of Potash” or “Potassium Salt.” This product will be imported in colorless transparent crystal form, granular crystalline form, or powder form in 25 kg multiwall paper bags and sold to U.S. buyers in the food and pharmaceutical industries. |
| Reason: N/A |
| Ruling Date: July 21, 2021 |
N320422: The classification, country of origin, and marking of the “Yahtzee Frenzee” game
| HTS: 9504.90.6000, Free, Chocolate and other food preparations containing cocoa: Other: Other: Other: Other: Other: Other." |
| Country of Origin Marking: China and Vietnam |
| Item: The “Yahtzee Frenzee” game consists of (20) dice, (80) playing cards, (1) round tracker card, (1) token and instructions for game play. In “Yahtzee Frenzee,” there are six rounds of fast-paced dice roll action. Each player has a set of five dice. Three cards are laid out on each round, players roll their dice to match the dice set depicted on the cards. When you are the first player to match one of the cards, you call it out and collect the cards. Different cards have different values and multipliers, which account for your point totals. The play continues until each card from that round is claimed. In rounds 4 and 6, players have the opportunity to roll for another player’s cards. Collecting cards with matching symbols score bonus points. The winner of the game is the player with the most points at the end of 6 rounds. The game is considered to be a set for tariff classification purposes. GRI 3(b) states that the goods "shall be classified as if they consisted of the material or component which gives them their essential character." In this case, it is the dice which impart the essential character of the set. |
| Reason: The combining and packaging of the Chinese dice with the other Vietnamese origin game components in Vietnam is not sufficient to be a substantial transformation of the Chinese origin game components. |
| Ruling Date: July 21, 2021 |
N320524: The tariff classification of a “Tabletop Home Meter Décor” from China
| HTS: 4911.99.6000, Free, Other printed matter:… Other: Other: Other: Printed on paper in whole or in part by a lithographic process." Secondary classification under 9903.88.15. |
| Item: The “Tabletop Home Meter Décor” is designed to stand vertically on a table or other flat surface and has a moveable arrow affixed to the front that can be positioned to point to one of four color-coded categories. The categories read, “Do Laundry,” “Coffee Time,” “Feeding the Lovely Pet,” and “Just Dance.” The words are accompanied by small, simple illustrations of a washing machine, a coffee cup, a dog bowl and figures dancing. Across the bottom it says, “Home Meter.” It is constructed of medium density fiberboard (MDF) that has been laminated on the face with paper offset printed with the words and drawings. The meter measures approximately 7.75” in length, 4.425” in height and 15mm thick. |
| Reason: The decorative tabletop item is not linked to any holiday, and it would not be aberrant to display this item at any time of the year. Therefore, it would not be classified in Chapter 95 as a festive article. |
| Ruling Date: July 21, 2021 |