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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N320485: The tariff classification of a patient positioner from China
| HTS: 3926.90.9950, 5.3%, “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [f]ace masks and shields, medical positioning or transport pads, medical waste containers or disinfectant wipes dispensers." |
| Item: "SurgyPad Patient Positioner, Version 3." The bulk of the product by volume consists of a green/blue colored polyurethane foam material. The article fits a patient's torso up through the head area and has foam protective arms permanently sewn to the product. There are six hook and loop straps that attach the product to the operating table. The straps and materials are sewn and glued with a water-based glue. There is also a black anti-skid portion on the back of the article which is comprised of rubber and felt and is used for extra adhesion in securing the patient to the table. |
| Reason: The pad does not constitute “an integral, constituent, or component part” of the operation table and cannot be classified under heading 9402. As such, this product would be classified by its constituent materials. |
| Ruling Date: July 28, 2021 |
N320487: The tariff classification of refillable dishwands and refillable dishwand sponges from China
| HTS: (1) 6805.30.5000, Free, "Natural or artificial abrasive powder or grain, on a base of textile material, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up: On a base of other materials: Other.." Secondary classification 9903.88.03.(2) 6307.90.9891, 7%, "Other made up articles, including dress patterns: Other: Other: Other: Other: Other." Secondary classification 9903.88.15,. |
| Item: Refillable dishwands and refillable dishwand sponges |
| Reason: N/A |
| Ruling Date: July 28, 2021 |
N320494: The tariff classification of a DIY Girl Disney Frozen Makeup kit from China
| HTS: 3304.20.0000, Free, Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Eye make-up preparations.." Secondary classification 9903.88.03. |
| Item: The DIY Girl Disney Frozen Makeup kit consists of thirty-two eyeshadow powders, four eyeshadows powders with glitter, nine lip glosses, two blushes, one nail polish, one lipstick, four applicator brushes, one toenail separator, decorative nail stickers. and one nail file in a pink plastic cosmetic case with an attached mirror. The cosmetic case is placed inside of a plastic molded tray, packaged in a box printed with the “Frozen” name and characters, and sold for retail sale. You state that the items are intended for children’s amusement and is labelled age 5+. |
| Reason: N/A |
| Ruling Date: July 28, 2021 |
N320500: The tariff classification of Cannabidiol (CAS No. 13956-29-1) in bulk powder form, from Italy
| HTS: 2907.29.9000, 5.5%, “Polyphenols; phenol-alcohols: Other: Other.” |
| Item: Cannabidiol (CBD) is a phytocannabinoid indicated for the treatment of seizures associated with Lennox-Gastaut Syndrome or Dravet Syndrome in patients 2 years of age and older. |
| Reason: N/A |
| Ruling Date: July 28, 2021 |
N320580: The tariff classification of SpeedCure BPO, (CAS 162881-26-7) from China
| HTS: 2931.39.0030, 3.7%, Other organo-inorganic compounds: Other organo-phosphorous derivatives: Other: Other." |
| Item: SpeedCure BPO. It is composed of Phenyl bis (2,4,6-trimethylbenzoyl)-phosphine oxide, with a minimum purity of 98%. It is in the form of off-white to pale yellow crystalline powder. |
| Reason: N/A |
| Ruling Date: July 28, 2021 |
N320693: The country of origin of an electric motor and the applicability of certain trade remedies under Section 301. Correction to Ruling Number N320237.
| Origin: Mexico |
| 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. |
| Reason: The manufacturing and assembly processes performed in Mexico results in a substantial transformation of the Chinese components. |
| Ruling Date: July 28, 2021 |
N320263: The tariff classification of a jacquard-woven polyester upholstery fabric from China
| HTS: 5515.12.0090, 12%, "Other woven fabrics of synthetic staple fibers, of polyester staple fibers: Mixed mainly or solely with man-made filaments: Other." Secondary classification 9903.88.03. |
| Item: Flexsteel Pattern 063, Wolf J6679, is a woven fabric of yarns of different colors, characterized by a plain design. According to the information provided, the fabric is of jacquard weave construction, weighs 685 g/m2 and is composed wholly of polyester, of which 81 percent is staple fibers and 19 percent is textured filament yarns. Your letter states that an acrylic latex coating has been applied to the reverse side of the fabric; however, the coating is not visible to the naked eye. You indicate that this fabric will be imported in 54-inch widths and will be used for upholstery. |
| Reason: N/A |
| Ruling Date: July 27, 2021 |
N320269: The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of organic baby finger foods and teething biscuits from Canada
| HTS: 2005.99.9700, 11.2%, “For other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . . . other vegetables and mixtures of vegetables . . . other . . . other." |
| Item: Four varieties of organic baby finger foods and teething biscuits |
| Reason: due to the composition of the ingredients |
| Ruling Date: July 27, 2021 |
N320543: Eligibility for duty-free treatment under subheading 9817.00.96, Harmonized Tariff Schedule of the United States (HTSUS), of a “Ostomy Appliance Belt” and “Stomahesive Paste”
| Eligibility: Eligible for subheading 9817.00.96 |
| Item: Ostomy belts are an accessory for the ostomy pouching system. They are designed to wrap around the abdomen and help hold the ostomy pouch in place. They are used by ostomates as an added stay-in-place support, or as an alternative to adhesives. The “Stomahesive Paste” is a protective, hydrocolloid skin barrier that is used as a filler in uneven skin surfaces to help increase an ostomy system’s wear-time, reduce skin inflammation, redness, irritation, and create a more secure seal to prevent leakage. |
| Reason: In previous rulings, CBP has considered patients that have undergone an ostomy surgery to be “physically disabled” under the Nairobi Protocol program criteria. It is our opinion that the “Ostomy Appliance Belt” and “Stomahesive Paste” described above are considered to be specially designed or adapted for the handicapped. |
| Ruling Date: July 27, 2021 |
N320579: The tariff classification of a seat from India
| HTS: 9401.69.6031, Free, "Seats, whether or not convertible into beds, and parts thereof: Other Seats, with wooden frames: Other: Other: Chairs: Other: Other." |
| Item: Multiple types of swings |
| Reason: N/A |
| Ruling Date: July 27, 2021 |