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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N320130: The tariff classification of Algotec Aqua from Russia
| HTS: 1212.29.0000, Free, "Locust beans, seaweeds, and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: Seaweeds and other algae: Other." |
| Item: Algotec Aqua is comprised of chlorella vulgaris cells, the living cells of planktonic microalgae of chlorella vulgaris A1-24. It is used for the biological treatment of freshwater objects and the production of food biomass. Algotec Aqua is composed of 10 percent chlorella vulgaris cells and 90 percent suspension (water, vegetable protein, carbon dioxide, ammonium nitrate, cobalt nitrate and minerals). It is said that no other materials or substances are added before its importation into the U.S. Algotec Aqua is a product of Russia and will be imported in plastic containers at a net weight of 5.4, 21.7 and 32.6 kilograms, respectively. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320159: The tariff classification, marking, and eligibility of the United States-Mexico-Canada Agreement (USMCA) of a beverage mix from Canada
| HTS: 2106.90.8200, 6.4%, Food preparations not elsewhere specified or included … other … other … containing over 10 percent by weight of milk solids … other … other." |
| Origin: Canada |
| Eligibility: Eligible for USMCA |
| Item: “White Hot Chocolate” is described as a powder that is said to contain approximately 46 percent sugar derived from sugar cane (Product of Brazil), 25 percent modified milk ingredients which include whey protein concentrate, dairy product solids and sodium caseinate (Product of Canada), 10 percent corn syrup solids (Product of USA), 4 percent mono and di-glycerides (Product of USA), 2 percent coconut oil (Product of USA), 2 percent dipotassium phosphate (Product of USA), 2 percent silicon dioxide (Product of USA), 2 percent turmeric (Product of USA), 2 percent annatto (Product of USA), 2 percent modified cellulose gum/guar gum (Product of USA), 2 percent salt (Product of Canada), and 1 percent flavor (Product of Canada). All ingredients are received, blended and filled into 35-gram pouches in Canada. These individual pouches are then packaged in cardboard boxes of 24 units each and will be sold individually to the end-consumer. |
| Reason: The non-originating ingredients meet the tariff shift rule. |
| Ruling Date: July 22, 2021 |
N320255: The tariff classification of women’s sleepwear from Vietnam
| HTS: 6108.32.0010, 16%, "Women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: Nightdresses and pajamas: Of man-made fibers: Women’s." |
| Item: Style 583009 is a women’s pajama top and bottom. Both garments are constructed from 56.7% polyester, 40% rayon, 3.3% elastane knit fabric. The pullover–style top features a round neckline, long sleeves and hemmed bottom. The sleep pants feature a covered elastic waistband with a tunneled drawstring and elasticized hemmed legs. You state that these garments will be imported under one style number as a set. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320280: The country of origin of vehicles assembled in Thailand from Chinese components
| Origin: Thailand |
| Item: The CFFORCE 800 XC ATV is comprised of 1,375 component parts, and will go through 22 “main”, 14 “sub”, and 3 “inspection” stations during the assembly processes. The entire process takes 94 workers an average of four (4) hours and seventeen (17) minutes per vehicle. All parts will be manufactured in China and then shipped, in bulk containers, to Thailand for assembly. |
| Reason: Based on the information discussed and the rulings cited, that the assembly is sufficiently complex to constitute a substantial transformation and results in an article with a new name, character, and use, such that the country of origin for the CFFORCE 800 XC ATV is Thailand for purposes of the trade remedy duties. |
| Ruling Date: July 22, 2021 |
N320292: The tariff classification of footwear from China
| HTS:6402.99.3165, 6%, "Other 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." |
| Item: Classic Cozzzy Sandal is an open toe/open heel, unisex sandal that does not cover the ankle. The external surface area of the upper consists of rubber or plastics. The molded sandal features two plastic bands across the foot, which each measure approximately 1-inch. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320300: The tariff classification of a steering gearbox and universal joint from China
| HTS: (1) 8708.94.1000, Free, "Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Steering wheels, steering columns and steering boxes; parts thereof: Steering wheels, steering columns, and steering boxes: For tractors suitable for agricultural use.” (2) 8708.94.6000, Free, “Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Steering wheels, steering columns and steering boxes; parts thereof: Parts: For tractors suitable for agricultural use.” Secondary classification 9903.88.03. |
| Item: A Steering Gearbox and Universal Joint, which are designed exclusively for incorporation into agricultural tractors. The steering gearbox is used for steering the front wheels of the agricultural tractor. The universal joint attaches to the input shaft of the steering gearbox and the steering shaft attaches to the steering wheel of the agricultural tractor. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320437: The tariff classification of a DC Motor/Generator training module from Canada
| HTS: 9023.00.0000, Free, "Instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof." |
| Item: The DC Motor/Generator module consists of an armature, a shunt field, a short shunt, series field windings, a faceplate, exposed movable brushes, a shunt field rheostat, and a DC motor/generator. The exposed movable brushes allow students to study the effect of armature reaction while the module is running. The DC Motor/Generator does not have plugs nor power cords and does not have the ability to be attached to a machine, a gear, an apparatus, etc. Moreover, it cannot be used autonomously without the other training modules in the EMS workstation. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320444: The tariff classification of wood drawer components from Vietnam
| HTS: (1) 4409.29.9100, Free, "Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed: Nonconiferous: Other: Other: Other." (2) 4421.99.9780, 3.3%,"Other articles of wood: Other: Other: Other: Other: Other. " |
| Item: (1) “Short” poplar (a non-coniferous wood) drawer components. The components are made from wood boards that are surfaced on four sides (“S4S”) and measure 18” or 21” in rough-cut length by 2” or 10” in width by 5/8” or 3/4" in thickness. The wood may be either solid or edge-glued. These boards will be shaped with radius-cut corners on one edge, and with a 1/4" wide by 1/4" deep groove on the panel face, 1/2" from the opposite edge. The shaping runs the length of the panel, parallel to the grain. The length is then precision-trimmed to customer specification. The boards may be UV-coated or unfinished. After importation, the customer will further process the components, e.g., by dovetailing and/or finishing. (2) “Long”, S4S poplar drawer components that measure 8’ in length by 2” or 10” in width by 5/8” or 3/4" in thickness. These boards are edge-glued, finger-jointed, and UV-coated. They will be shaped, as above, with radius-cut corners and a groove. After importation, the customer will cut the panels to length and dovetail them, as necessary. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320490: The tariff classification of a thermal imaging device from China
| HTS: 9013.80.9000, 4.5%, Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof: Other devices, appliances and instruments: Other." Secondary classification under 9903.88.15. |
| Item: Zeiss Digital Thermal Clip-on Scope (DTC), which is marketed under model numbers 3/25 and 3/38. These items are virtually identical with the only difference being the objective and focal lengths. The subject device is cylindrical in design with a lens on each end, an internal OLED display and thermal image sensor. The housing is equipped with multiple buttons and dials that allow the user to power on the device, change modes, zoom, and cycle through the internal menu. The DTC is equipped with Bluetooth connectivity and is powered by a rechargeable battery. It is designed to be used as an attachment to a riflescope by hunters to observe animals in the dark and low-light situations. Infrared radiation is imaged by the lens and passed through the sensor, which converts the radiation into an electrical signal that is viewed through the ocular eyepiece on the internal OLED display. |
| Reason: N/A |
| Ruling Date: July 22, 2021 |
N320185: The tariff classification of the VELscope Vx system from China
| HTS: 9018.19.9550, Free, "Other” electro-diagnostic apparatus." Secondary classification 9903.88.01. |
| Item: The VELscope Vx system, a natural tissue florescence direct visualization system designed to be used as an adjunctive instrument for oral mucosal examination. The main components of the system are (1) a viewing Handpiece (wireless handheld scope) which incorporates a light source, viewing optics including filters, a rechargeable battery, a power button, and other components, (2) a charging cradle, and (3) an external power supply (power brick). The VELscope Vx Handpiece emits a safe, visible blue light into the oral cavity, which excites the oral tissue and causes it to fluoresce allowing the oral cavity to be examined in real time, enhancing the practitioner’s ability to quickly identify suspicious tissue that may require further investigation. When viewed through the Handpiece, abnormal tissue typically appears as an irregular, dark area that stands out against the otherwise normal, green fluorescence pattern of surrounding healthy tissue. The system is further intended to be used by an oral surgeon to help identify diseased tissue around a clinically apparent lesion and thus aid in determining the appropriate margin for surgical excision. |
| Reason: N/A |
| Ruling Date: July 8, 2021 |