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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N318785: The tariff classification of an article of glass fibers from Italy
| HTS: 7019.90.5050, 4.3%, "Glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics): Other: Other: Other." |
| Item: A beige knit fabric manufactured from fiberglass yarn and a blended acrylic/cotton yarn. The “Fire Sock” will be used in the manufacture of fire-retardant knit socks to cover mattresses. The glass fibers are the key to the fire-retardant performance of this product in that it limits the ability of the fire to penetrate the mattress. The “Fire Sock” is composed of the following: glass fibers 61.1%, acrylic fibers, 29.7%, and cotton fibers, 9.2%. The article consists of textile material and glass fibers. However, the glass fibers help to extinguish the flames. |
| Reason: The glass fiber component provides the essential character of these items. |
| Ruling Date: Sept. 28, 2021 |
N321375: The tariff classification of Finerenone (CAS No. 1050477-31-0) in bulk form and Kerendia® Tablets in dosage form, from Germany
| HTS: (1) 2933.99.7500, 6.5%, “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Other.” (2) 3004.90.9290, 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: Other.” |
| Item: (1) Finerenone, a nonsteroidal mineralocorticoid receptor antagonist (MRA) indicated to reduce the progression of chronic kidney disease, risk of kidney failure and risk of cardiovascular disease in adult patients with chronic kidney disease (CKD) associated with type 2 diabetes. (2) Kerendia, imported in 10 mg and 20 mg tablets, the brand-named drug containing Finerenone, as the active ingredient. It is indicated to reduce the risk of sustained estimated glomerular filtration rate (eGFR) decline, end stage kidney disease, cardiovascular death, non-fatal myocardial infarction, and hospitalization for heart failure in adult patients with chronic kidney disease (CKD) associated with type 2 diabetes (T2D). |
| Reason: Pursuant to Explanatory Note 29.37(V)(b), Finerenone does not meet the terms of heading 2937. |
| Ruling Date: Sept. 28, 2021 |
N321598: The tariff classification of Nickel Cobalt Manganese Oxide containing doping elements from Korea
| HTS: 3824.99.3900, free, "Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Mixtures of two or more inorganic compounds: Other." |
| Item: Nickel cobalt manganese oxide, in a black powder state, and is a raw material for manufacturing lithium ion batteries. This product is an inorganic compound composed of three metallic elements: nickel (Ni), cobalt (Co), and manganese (Mn), and is doped with the following elements: aluminum (Al), zirconium (Zr), and titanium (Ti) in order to improve product performance. The doping elements forms ionic covalent bonds with the metallic elements. In addition, this product is coated with a coating element of Ti to improve structural stability. This coating element is not chemically bonded with the metallic elements, but rather forms a separate film on the surface of the product. |
| Reason: N/A |
| Ruling Date: Sept. 28, 2021 |
N321599: The tariff classification of Nickel Cobalt Manganese Hydroxide from South Korea
| HTS: 2825.90.9000, 3.7%, "Hydrazine and hydroxylamine and their inorganic salts; other inorganic bases; other metal oxides, hydroxides and peroxides: Other: Other." |
| Item: Nickel Cobalt Manganese Hydroxide imported in black powder form and used as a raw material in the manufacturing of cathode active material, a main component of lithium-ion batteries. This product is a hydroxide compound, composed of three metallic elements, Nickel (Ni), Cobalt (Co), and Manganese (Mn), with the chemical formula NiaCobMnc(OH)2. |
| Reason: N/A |
| Ruling Date: Sept. 28, 2021 |
N321376: The tariff classification of Fulvestrant Injection in dosage form, from Italy
| HTS: 3004.39.0050, 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 hormones or other products of heading 2937: Other: Other.” |
| Item: Fulvestrant Injection, imported in 250 mg/5 mL syringes, an estrogen receptor antagonist. It is indicated for the treatment of hormone receptor positive metastatic breast cancer in postmenopausal women with disease progression following anti-estrogen therapy, as monotherapy or in combination with other antineoplastic agents. |
| Reason: N/A |
| Ruling Date: Sept. 27, 2021 |
N321390: A tariff classification of padfolios from Cambodia
| HTS: 4820.10.2020, free, “Memorandum pads, letter pads and similar articles." |
| Item: A padfolio measuring approximately 13” (L) x 10” (W) by 1.5” (D), when zipped closed, and constructed of what appears to be plastic sheeting and cardboard covered with textile. The interior includes a slot into which an 8.5” x 11” lined writing pad has been inserted. The opposing interior cover incorporates an elastic pen loop, a small calculator, three small pockets for holding business cards or the like, and two vertical pockets for holding slim items, such as papers. |
| Reason: A GRI 3(b) analysis of the composite good results in a determination that the essential character of the padfolio is imparted by the memo pad. |
| Ruling Date: Sept. 27, 2021 |
N321529: The tariff classification of the QAIS-air-01 electronic sterilizer and deodorizer from China
| HTS: 8421.39.8015, free, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for gases: Other: Other: Dust collection and air purification equipment: Other." Secondary classification: 9903.88.01, 25%. |
| Item: An electric device that uses a UV-C florescent lamp and photocatalytic plate to purify air. The device deodorizes indoor air by decomposing odor-causing substances and harmful organic compounds (such as bacteria and viruses) that are floating in the air. It breaks the compounds down into water and carbon dioxide through a photocatalytic reaction. The titanium mesh filter that supports the photocatalytic action is not adsorptive and does not require regular replacement. The device contains a Photocatalyst TMiP, which refers to a titanium mesh impregnated photocatalytic filter. It is a thin titanium plate covered with fine holes and coated with an anatase titanium oxide photocatalyst. The QAIS-air-01 does not have a dust collection filter and instead relies on a fan to draw air into the device, which then allows the UV-C florescent lamp and photocatalyst to purify the air. |
| Reason: N/A |
| Ruling Date: Sept. 27, 2021 |
N321563: The tariff classification of a decorative metal sign from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: A decorative metal sign made from 100% iron. It is designed to be used in the home and will be sold in the seasonal section of your store. The two-sided sign sits on an iron wire base and has raised lettering that reads “Red & White Boom!” on one side and “Land of the Free” on the other. The white background color is painted onto the sign, then the contrasting red and blue coloring is printed onto the raised lettering. The stamped lettering can easily be read, even without the coloration printed on the top of the stamping. |
| Reason: N/A |
| Ruling Date: Sept. 27, 2021 |
N321565: The tariff classification of a decorative metal sign from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: A one-sided decorative metal sign to be used in the home. The sign is meant to sit on furniture or to be hung on the wall. You state it will be sold in the seasonal section of your store and measures approximately 36 inches by 1 inch by 8 inches. The sign is made of 100 percent iron and has the words “Flowers & Garden” stamped into the metal, so the words are raised. The background of the sign is painted green, and the raised letters are silk screen printed white. It should be noted that the stamped lettering can easily be read, even without the coloration printed on the top of the stamping. The metal sign has an exterior frame made from 100 percent medium density fiberwood (MDF). |
| Reason: The painted iron sign with stamped letters, which offers the aesthetic and decorative element, provides the essential character. |
| Ruling Date: Sept. 27, 2021 |
N321566: The tariff classification of the QAIS-air-03 electronic sterilizer and deodorizer from China
| HTS: 8421.39.8015, free, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for gases: Other: Other: Dust collection and air purification equipment: Other.” Secondary classification: 9903.88.01, 25%. |
| Item: An electric device that uses a UV-A LED light and photocatalytic plate to purify air. The device deodorizes indoor air by decomposing odor-causing substances and harmful organic compounds (such as bacteria and viruses) that are floating in the air. It breaks the compounds down into water and carbon dioxide through a photocatalytic reaction. The titanium mesh filter that supports the photocatalytic action is not adsorptive and does not require regular replacement. The device contains a Photocatalyst TMiP, which refers to a titanium mesh impregnated photocatalytic filter. It is a thin titanium plate covered with fine holes and coated with an anatase titanium oxide photocatalyst. The QAIS-air-03 does not have a dust collection filter and instead relies on a fan to draw air into the device, which then allows the UV-A LED light and photocatalyst to purify the air. |
| Reason: The QAIS-air-03 is designed to purify air not liquids. It is not a catalytic converter and instead is more akin to an air purifier. |
| Ruling Date: Sept. 27, 2021 |