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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N320416: The tariff classification of Armor All Disinfecting Wipes, Armor All Disinfectant 3 in 1 Cleaner, Armor All Disinfectant Spray, and Armor All Disinfecting Cleaner Aerosol from China
| HTS: (1) 3401.19.0000, free, "Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Soap and organic surface-active products and preparations, in the form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Other." Secondary classification: 9903.88.15, 7.5%. (2), (3) and (4): 3402.20.5100, free, "Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other." Secondary classification: 9903.88.03, 25%. |
| Item: Four products used for disinfecting and surface cleaning. All four of the products will be imported in a condition suitable for retail sale and contain surface-active preparations, as follows: (1) Armor All Disinfecting Wipes - the quaternary ammonium surfactants (active ingredient) provide disinfecting benefits, while the other surfactants act as an aid in cleaning. (2) Armor All Disinfectant 3 in 1 Cleaner - the quaternary ammonium surfactants (active ingredient) provide disinfecting benefits, while the other surfactants act as an aid in cleaning. (3) Armor All Disinfectant Spray - the quaternary ammonium surfactants (active ingredient) provide disinfecting benefits, while the other surfactants act as an aid in cleaning. (4) Armor All Disinfecting Cleaner Aerosol - the surfactant used in the aerosol helps in the cleaning process. |
| Reason: N/A |
| Ruling Date: Aug. 5, 2021 |
N320448: The tariff classification of an automotive organizer bag from China
| HTS: 4202.92.9700, 17.6%, "Other containers and cases, with outer surface of sheeting of plastic or of textile material, other, other, other, and other." |
| Item: An automotive organizer bag, manufactured with a woven polyester mesh that is coated with polyvinyl chloride (PVC) plastic sheeting. The outer surface constituent material of the bag is the plastic sheeting. It is designed to provide storage, protection, organization and portability to items such as books, toys, groceries, water bottles, auto accessories, or other personal effects. The article has a top zippered opening and one carrying handle at the top. The exterior features three straps to connect to the vehicle’s roll bars. The front features a small zippered pocket and a mesh pocket. |
| Reason: N/A |
| Ruling Date: Aug. 5, 2021 |
N320503: The country of origin of trailer wheels
| Origin: Thailand |
| Item: Steel trailer wheels, which comprise a wheel disc that has been pressed and welded into a wheel rim. The finished trailer wheels are painted according to customer specifications. You state that Asia Wheel imports rectangular steel plates from China or another country into Thailand. In Thailand, the rectangular steel plates are made into the rims and discs. The rims go through the following manufacturing steps: coiling, butt-welding, slag removing, weld polishing, flexpanding, first, second, and third rolling, final expanding, and valve hole punching. The discs undergo die cutting, first drawing, flanging, bolt holes punching, 60-degree forming, central hole punching, and vent holes punching. After these processes, Asia Wheel welds the rims and discs to assemble steel trailer wheels and paints the trailer wheels according to customer specifications. |
| Reason: The steel rectangular plates imported into Thailand undergo a substantial physical change to become trailer wheels. As a result, the substantial transformation of the steel plates into the trailer wheels occurs in Thailand. |
| Ruling Date: Aug. 5, 2021 |
N320488: The tariff classification of footwear from Vietnam
| HTS: 6404.19.9030, 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: other: valued over $12/pair: for men." |
| Item: A closed-toe/closed-heel, below-the-ankle, man’s, casual shoe. The external surface area of the upper (esau) comprises manmade microfiber textile material. The shoe does not have a separate tongue. The molded rubber/plastic outer sole overlaps the upper by at least ¼ inch, thereby constituting a foxing-like band. Most of the external surface area of the outer sole that meets the ground is smooth and lacks traction. This footwear has thick laces at the front that are not necessary to keep the shoe on the foot. |
| Reason: N/A |
| Ruling Date: Aug. 6, 2021 |
N320589: The country of origin and application of the Section 301 trade remedy of two clinical digital stick thermometers
| Origin: Taiwan |
| Item: Two models of battery-powered thermometers used to measure the body temperature of humans. Temperature readings are taken either orally or rectally. The major difference between the models is the manufacturing method by which the firmware is implanted and stored in the thermometers. (1) One is created using the “MCU-detail process,” the other (2) is created using the “ASIC-detail process.” The MCU-detail process is a more sophisticated process that leads to a longer manufacture time and a more expensive thermometer. |
| Reason: (1): The Vietnamese-produced sensor probe, which includes the PCBA with the advanced firmware burned in Vietnam, provide the essence of the digital thermometer. The sensor probe, and advanced firmware are not substantially changed by the addition of the Chinese and Taiwanese components. The Vietnamese-produced sensor probe, and advanced firmware burned into the MCU contain the “enabling technology” that provides the essential operation elements for the clinical digital stick thermometer. (2) The Taiwanese-produced firmware, which goes through the “short-circuit point setting” in Vietnam and enables the PCBA to function properly to calculate accurate temperature, provides the essential function of the digital thermometer. The ASIC microchip cannot function properly unless short-circuit point setting is completed in Vietnam, and the short-circuit point setting process allows the PCBA to function with the thermometer. |
| Ruling Date: Aug. 6, 2021 |
N320692: The tariff classification of a cellphone case and letter charms from China
| HTS: 3926.90.9985, 5.3%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other.” Secondary classification: 9903.88.15, 7.5%. |
| Item: First, a semi-transparent, colored, bendable, thermoplastic polyurethane (TPU) phone case. It features a handle of the same material/color on the back, which attaches to the body of the case by two stainless steel button studs. The case covers the back, sides, and corners of the phone, but not the screen, and has cutouts on the back for the camera. The second product under consideration is hard TPU letters with an indent at the back which allows them to slide onto the handle and attach to the phone case described above. |
| Reason: The cellphone case and letter charms would be considered articles of plastic, and they are not more specifically provided for elsewhere. |
| Ruling Date: Aug. 6, 2021 |
N320796: The tariff classification and applicability of trade remedies of a photovoltaic generator from Taiwan
| HTS: 8501.31.8010. Not subject to Section 201 safeguard duties. |
| Item: A solar panel for a wireless outdoor camera (generator). The subject generator is mounted within a plastic enclosure, with an outer bezel framing the photovoltaic cells, and features a permanently attached 4 m long output cable with a micro-USB connector. The photovoltaic surface area is 90 mm by 165 mm as measured from the inside of the bezel edges. Internally, the generator does not incorporate static converting apparatus or a battery. It has a maximum output of 5.57 V and 2 Watts. |
| Reason: The solar panel meets the exclusion from safeguard duties at U.S. Note 18(c)(iii)(8) to Subchapter III of Chapter 99: "(8) 4 watt or less solar panels, each with a length or diameter of 70 mm or more but not over 235 mm, with a surface area not exceeding 539 cm2, and not exceeding 16 volts, provided that no such panel with these characteristics shall contain an internal battery or external computer peripheral ports at the time of entry. |
| Ruling Date: Aug. 9, 2021 |
N320797: The tariff classification of “Benamy Community Event 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: Four different children’s educational activity kits. 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. |
| Reason: By following the enclosed instructions in each kit, children 5 years of age or older will derive amusement creating and building their own do it yourself projects. In each case, the craft kit’s amusement value is greater than the utilitarian value of the finished article. As assembled, the completed items will be flimsily constructed and, in all likelihood, will not be used over a long period of time. |
| Ruling Date: Aug. 9, 2021 |
N320860: The tariff classification of a decorative wreath from China
| HTS: 4602.19.6000, free, “Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Of vegetable materials: Other: Other: Other: Wickerwork.” The wreaths constitute wickerwork, which is commonly defined as products made of flexible, vegetable twigs or rods, in contrast to strips, filaments, parts of leaves, etc." |
| Item: A decorative door wreath. The underlying 22” circular wreath form is fashioned from dried grapevine wrapped with metal wire to hold its shape. The surface of each wreath is decorated with polyester fabric leaves and plastic thistles that wrap approximately two thirds of the way around the front of the wreath, with the heaviest concentration of leaves and thistles at the bottom and tapering off up the sides. The grapevine form is visible in a completely exposed section around the top and in sections through the sparser foliage. The dried grape vines meet the definition of plaiting materials, as set forth in Note 1 to Chapter 46. |
| Reason: The grapevines and the artificial foliage/thistles all contribute to the decorative appeal of the wreaths. In addition, the vines provide the wreath’s structure and shape. Due to the grapevine’s dual role providing the underlying structure and providing decorative elements, the vines confer the essential character. |
| Ruling Date: Aug. 9, 2021 |
N320585: The tariff classification of a new Hyundai motor vehicle from South Korea
| HTS: 8703.80.0000, 2.5%, “Motor cars and other motor vehicles principally designed for the transport of persons…: Other vehicles, with only electric motors for propulsion." |
| Item: A new Hyundai sports utility vehicle. The Ioniq 5 is a five (5) door sport utility vehicle powered by an all-electric engine, with seating for 5 persons. The Ioniq 5 is equipped with a 7.4kWh battery and has a total of 697 volts. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2021 |