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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N321389: The tariff classification of a moisture monitoring device from China
| HTS: 8531.80.9051, free, “Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Other apparatus: Other: Other." Secondary classification: 9903.88.15, 7.5%. |
| Item: A moisture monitoring device designed to monitor the moisture level of potted plants. The device consists of a top portion with a microcontroller, two LR44 batteries, a speaker, and an LED light, which are all encased in a plastic cover. The bottom portion of the device is a probe with two brass contacts that gets inserted into the soil to detect moisture. When the moisture level of the soil is low, the device will activate an audible alert during the day and a visual alert at night so that the potted plant can be watered. |
| Reason: N/A |
| Ruling Date: Sept. 14, 2021 |
N321417: The country of origin of screwdrivers
| Origin: Thailand |
| Item: Screwdrivers produced in Thailand and China. Chinese-origin steel wire is imported into Thailand, where it is straightened and cut to length into individual shanks. The blade and tip are then milled into one end of the shank. The article is then sent to China where “wings” are pressed into shape on the opposite end of the shank. The wings serve as the mechanical connection point for the handle. The entire article is then heat-treated, plated and assembled with a Chinese plastic handle. Finally, the finished screwdrivers are retail packed for export to the United States. |
| Reason: The raw steel wire is substantially transformed in Thailand into individual articles that have the shape, size, and form of the finished screwdriver’s shank, blade and tip. Each of these articles (i.e., the shank, blade and tip) constitutes the essence of a finished screwdriver. The assembly and processing operations performed in China do not substantially change it into a product with a new name, character or use. |
| Ruling Date: Sept. 14, 2021 |
N319020: The tariff classification of glass tiles from China
| HTS: 7013.99.9090, 7.2%, "Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…: Other glassware: Other: Other: Other: Other: Valued over $5 each…Other." Secondary classification: 9903.88.15, 7.5%. |
| Item: A white glass tile with a gray backing. The submitted sample will be imported in the following three sizes: approximately 2 feet square by .57 inches thick, 2 feet high by 3.94 feet wide by .53 inches thick, and 2.62 feet square, by .51 inches thick. The glass tiles are neither pressed nor molded. The tiles are designed to be affixed to floors and walls using thin set mortar. |
| Reason: Laboratory analysis has determined that the tile surface is glass, but the backing is not porcelain, but ceramic. The glass component imparts the essential character of the tile. |
| Ruling Date: Sept. 13, 2021 |
N321176: The tariff classification of a rubber automotive door glass run from South Korea
| HTS: 4016.93.1050, 2.5%, "Other articles of vulcanized rubber other than hard rubber: other: gaskets, washers and other seals: of a kind used in the automotive goods of chapter 87: other." |
| Item: An automotive door glass run channel composed of compact ethylene propylene diene monomer (EPDM) rubber. The part is shaped to fit the part of the automotive door frame that comes in contact with the glass window. The glass run serves as a guide when the window goes up and down. It maintains air and water tightness between the glass and frame while also absorbing the vibration of the window while driving or when the door is closed. |
| Reason: N/A |
| Ruling Date: Sept. 13, 2021 |
N321201: The tariff classification of a costume from China, Hong Kong and Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." |
| Item: A child size death costume consisting of a robe, hood, shoulder drape and a waist tie. The flimsy robe features large visible overlock stitching at the neck and has long sleeves and a hem bottom with raw, unfinished jagged cut edges. |
| Reason: The flimsy robe imparts the essential character of the set. |
| Ruling Date: Sept. 13, 2021 |
N321203: The tariff classification of a costume from China, Hong Kong and Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." |
| Item: A child size solar system costume consisting of a mesh body ring, hood and press-on planet cut-outs. The flimsy man-made textile mesh body ring features raw, unfinished edges and is constructed like a tube with three bands of exposed elastic. The body ring is worn by pulling on over the upper body. The garment has no styling and is constructed with long, loose straight stitching. The planet cut-outs can be affixed to the body ring by small hook and loop tabs. |
| Reason: The flimsy man-made textile body ring imparts the essential character of the set. |
| Ruling Date: Sept. 13, 2021 |
N321204: The tariff classification of a costume from China, Hong Kong and Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." |
| Item: A child size queen costume consisting of an overdress, dress, pendant and crown. The flimsy man-made textile overdress features a full front opening and bottom hem finished with large, visible, loose overlock stitching with only two small hook and loop tabs for closure. The single ply faux fur collar has raw, unfinished edges and the back waist features an exposed elastic strip stitched on by a single line of long loose straight stitching. |
| Reason: The flimsy man-made textile overdress imparts the essential character of the set. |
| Ruling Date: Sept. 13, 2021 |
N321259: The tariff classification of artificial succulents in pots from China
| HTS: 3926.40.0090, free, “Other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles: other.” |
| Item: Artificial succulents are molded from one piece of plastic. They are inserted into foam, which is glued into the cement pot. There are also small stones glued to the foam around the base of the succulents. Three wooden legs are attached to a flat base that is glued to the bottom of the cement planters. |
| Reason: As the succulents are made from one solid piece of plastic, they would be excluded from classification within heading 6702, which provides for artificial foliage. We hold the opinion it is the succulents that would impart the essential character to these articles, General Rule of Interpretation 3(b) noted, and they would be classified within heading 3926 based on their constituent materials. |
| Ruling Date: Sept. 13, 2021 |
N321200: The tariff classification of a costume from China, Hong Kong and Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." |
| Item: A Roman warrior costume consisting of body armor with an attached cape, an upper body garment referred to as a tunic, wrist guards and medallion shoulder straps attached with hook and loop fasteners. The flimsy pullover body armor with attached cape is composed of man-made textile fabric and pulls on over the head. The back opening is closed with string ties. The shoulders feature wide fringe with raw, unfinished edges and the attached cape has raw, unfinished edges all around. The armor is secured to the body by fabric ties with raw, unfinished edges that tie at the wearer’s back waist. Lappets with raw unfinished edges extend from the waist down to the thighs. |
| Reason: The flimsy pullover body armor with attached cape imparts the essential character of the set. |
| Ruling Date: Sept. 10, 2021 |