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) 8703.40.0020, 2.5%,“Motor cars and other motor vehicles principally designed for the transport of persons…: Other vehicles, with both spark-ignition internal combustion reciprocating piston engine and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; Of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000 cc: Other: New: Having engines with not more than 4 cylinders." (2) 8703.60.0020, 2.5%, “Motor cars and other motor vehicles principally designed for the transport of persons…: Other vehicles, with both spark-ignition internal combustion reciprocating piston engine and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power; Of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000 cc: Other: New: Having engines with not more than 4 cylinders." |
| Item; Two new Hyundai sports utility vehicles. (1) The Santa Fe HEV is a five door sport utility vehicle powered by a four-cylinder 1.6-liter gas, spark-ignition, internal combustion engine combined with an electric motor, rated at 44.2kW, and has a total volt maximum of 270V. It is equipped with a 1.49kW battery. Once the battery is depleted, the vehicle operates like a regular hybrid using the gasoline engine. There is seating for 5 persons. (2) The Santa Fe PHEV, a five door sport utility vehicle powered by a four-cylinder 1.6-liter gas, spark-ignition, internal combustion engine combined with an electric motor, rated at 66.9kW. It is equipped with a 13.8kW battery, which is capable of being charged by an external electric power source and has a total volt maximum of 360V. Once the battery is depleted, the vehicle operates like a regular hybrid using the gasoline engine. There is seating for five persons |
| Reason: N/A |
| Ruling Date: Aug. 5, 2021 |
N320569: The tariff classification of Venlafaxine Extended-Release Capsules in dosage form, from India
| HTS: 3004.90.9235, free, "Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents.” |
| Item: Venlafaxine Hydrochloride, imported in 37.5 mg, 75 mg, and 150 mg extended-release capsules, an antidepressant indicated for the management of major depressive disorder (MDD), generalized anxiety disorder (GAD), social anxiety disorder (social phobia) and panic disorder |
| Reason: N/A |
| Ruling Date: Aug. 9, 2021 |
N320710: The tariff classification of 4-Amino-N-(Tert-Butyl) Benzamide from China
| HTS: 2924.29.7100, 6.5%, “Carboxyamide-function compounds; amide function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other:Aromatic: Other:” |
| Item: 4-Amino-N-(Tert-Butyl) Benzamide (CAS # 93483-71-7), a raw material which is used in a manufacturing process to make a chemical which is sold in the importer's personal care business unit |
| Reason: N/A |
| Ruling Date: Aug. 10, 2021 |
N320673: The tariff classification of a pad with velcro adhesive from China
| HTS: 8708.99.8180, 2.5%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Other: Other: Other.” Secondary classification: 9903.88.03, 25%. |
| Item: A Neoprene and Nylon Pad with Velcro Adhesive, which is designed for passenger vehicles. It is applied to the existing automotive floor mat. The purpose of the pad is to protect the heel of the shoe from dirt and dye transfer from the existing carpet or rubber floor mat. The wear and friction that occurs when driving causes staining of the shoe heel. The mat serves a secondary purpose, which is protecting the existing floor mat from wear in the place where the heel rests. |
| Reason: N/A |
| Ruling Date: Aug. 10, 2021 |
N320578: The tariff classification of Ertapenem Sodium for Injection in dosage form, from South Korea
| HTS: 3004.20.0060, free, "Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other, containing antibiotics: Other: Other.” |
| Item: Ertapenem Sodium for Injection, imported in 1 gram vials, a broad spectrum carbapenem antibiotic used for the treatment of moderate to severe bacterial infections caused by specific sensitive organisms |
| Reason: N/A |
| Ruling Date: Aug. 10, 2021 |
N320574: The tariff classification of Tizanidine Hydrochloride Tablets in dosage form, from India
| HTS: 3004.90.9240, free, "Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Other.” |
| Item: Tizanidine Hydrochloride, imported in 2 mg and 4 mg tablets, a central alpha2-adrenergic agonist indicated for the short-term management of spasticity. It is also indicated for the management of muscle spasm, which may result from the effects of multiple sclerosis, stroke, an acquired brain injury, or a spinal cord injury. |
| Reason; N/A |
| Ruling Date: Aug. 10, 2021 |
N320882: The tariff classification of raincoat from China
| HTS: 6210.10.9040, 16%, "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other...Other." Secondary classification: 9903.88.15, 7.5%. |
| Item: A unisex raincoat constructed from 100% polyester nonwoven fabric coated with a compact PVC plastic material that completely obscures the underlying fabric. The garment extends below the waist and features a collar with a corduroy binding detail, a four-snap front opening with a storm flap, batwing-style long sleeves and a hemmed bottom. The collar contains four snaps used to attach a hood. The garment will be used for agriculture, construction, and basic industrial work. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2021 |
N320753: The tariff classification of footwear from China
| HTS: (1) 6403.99.9031, 10%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear: other: other: other: other: for other persons: valued over $2.50/pair: other: tennis shoes, basketball shoes, and the like, for women: other.." Secondary classification; 9903.88.15, 7.5%. (2) 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, 7.5%. |
| Item: (1) A closed-toe/closed-heel, below-the-ankle, woman’s shoe. It is an athletic shoe that will have an upper constructed of leather, rubber/plastic, and textile, with the majority of the external surface area predominantly consisting of leather. The uniquely shaped flexible outer sole comprises rubber or plastic materials. The shoe is lightweight, has underfoot cushioning, a foxing-like band, and it not considered protective against water. (2) A closed-toe/closed-heel, over-the-ankle, woman’s shoe. It has a slide fastener closure centered over the top of the foot. The external surface area of the upper (esau) is predominantly nylon and polyester mesh textile materials, with synthetic leather and other rubber/plastics components. The outer sole comprises rubber or plastic materials and overlaps the upper by ¼ inch constituting a foxing-like band. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2021 |
N320667: 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, 7.5%. |
| Item: a closed-toe/closed-heel, lace-up shoe. The unisex shoe is designed for rock climbing activities and does not cover the ankle. The external surface area of the upper (esau) is predominantly textile materials affixed to the midsole via stitching and adhesives. The smooth outer sole is comprised of rubber or plastics. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2021 |
N320559: The tariff classification of Alcohol-Removed Wine from Germany
| HTS: 2202.99.9000, 0.2¢/liter, "Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: Other: Other." |
| Item: Three varieties of Alcohol-Removed Wine: Prickly Red, Blanc Burgunder and Sparkling Rosé. The Alcohol-Removed Wine is said to contain dealcoholized fermented grape must, sugar, carbon dioxide, and sulphur dioxide. Each variety of Alcohol-Removed Wine is imported into the United States in 750ml glass bottles with less than 0.5% alcohol by volume content. |
| Reason: Note 3 to Chapter 22 states that for the purposes of heading 2202 the term "nonalcoholic beverages" means beverages of an alcoholic strength by volume not exceeding 0.5 percent vol. Alcoholic beverages are classified in headings 2203 to 2206 or heading 2208 as appropriate. |
| Ruling Date: Aug. 11, 2021 |