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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N322043: The tariff classification of frames and extensions from Italy
| HTS: 7616.99.5190, 2.5%, "Other articles of aluminum, other, other…other." |
| Items: Frames and extensions made of aluminum, plastic and polyester that will be attached to microfibers to clean glass, windows and floors, and to disinfect client rooms and facilities including hospitals, medical offices, postal offices, schools, government buildings and restaurants. |
| Reason: The aluminum, plastic and polyester components are of equal importance. In this case, neither the aluminum, plastic nor polyester component imparts the essential character since each performs a significant role in the function of the frames. In accordance with GRI 3(c), they will be classified in the heading which appears last in the tariff. The frames and extensions will be classified in heading 7616, which provides for other articles of aluminum. |
| Ruling Date: Oct. 25, 2021 |
N322067: The tariff classification of a pet food feeder from China
| HTS: 8509.80.5095, 4.2%, "Electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, parts thereof: other appliances: other: other." |
| Item: An automatic pet feeder for cats and small dogs. The device is a food dispenser that delivers programmed quantity of food at scheduled time. It enables scheduled food deliveries and manual deliveries. The device can be programmed with the built-in LCD screen. The pet feeder’s tank has a capacity of 1.5 kg of dry food (small kibbles), and is made of an ABS plastic with a removable bowl on the bottom. The pet feeder is for domestic use and contains an electric motor. |
| Reason: N/A |
| Ruling Date: Oct. 25, 2021 |
N322120: The country of origin of the “Secret Lair, Magic The Gathering” trading cards
| Origin: U.S. and Japan |
| Marking: The external packaging of the game should be marked in a conspicuous manner to indicate that the finished product contains a component that is made in Japan. |
| Item: Trading cards for “Magic: The Gathering," a tabletop and digital trading card game. The “Secret Lair” is a direct-to-consumer product comprised of 6 specially curated cards illustrated by artists located in various countries. All 6 of the trading cards, as well as the premium box and paperboard sleeve, will be printed using offset printing technology or digital printing technology and are then cut to size in their respective country of manufacture. The finished cards and packaging are shipped to a maquiladora in Mexico where the product will be packed for export. Except for one card, which is produced in Japan, the above-described cards, the premium box and paperboard sleeve are manufactured in the U.S. Each assortment will contain 5 trading cards printed and cut to size in the U.S. and 1 card printed and cut to size in Japan. |
| Reason: The applicable tariff shift requirement in section 102.20 for articles classified in subheading 9504.40-9506.29, HTSUS, is a change to subheading 9504.20 through 9506.29 from any other subheading, including another subheading within that group. Combining the Japanese card with the U.S. cards, and packaging, in Mexico the product remains classified in subheading 9504.40. The “Secret Lair, Magic: The Gathering” trading cards do not meet the required tariff shift to be considered changed by manufacture for country of origin marking purposes. |
| Ruling Date: Oct. 25, 2021 |
N322142: The tariff classification of an artificial pumpkin decoration from China
| HTS: 6702.90.3500, 9%, "Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of other materials: other: of man-made fibers." |
| Item: A decoration consisting of three fabric pumpkins surrounded by green artificial foliage, containing leaves and stems of plastic, assembled inside of a medium density fiberboard (MDF) wooden wagon. The wagon has the words “Gather Together” across the side and includes a metal pull handle. |
| Reason: The artificial pumpkins impart the essential character to this decoration. Further, as the stems are glued onto the man-made fabric bodies, this decoration meets the requirements to be appropriately classified within heading 6702, and it is the polyester fabric which would impart the essential character to the pumpkins. |
| Ruling Date: Oct. 25, 2021 |
N322262: The tariff classification of a natural rubber suspension bumper from Japan
| HTS: 4016.99.3000, free, "Other articles of vulcanized rubber other than hard rubber: of natural rubber: vibration control goods of a kind used in the vehicles of headings 8701 through 8705." |
| Item: A suspension jounce bumper. The jounce bumper is composed of natural rubber attached to a steel mounting bracket. It is fitted in motor vehicle chassis, above the suspension leaf spring, in order to absorb the sudden shock imparted as the vehicle travels over potholes, curves and bumps in the road. It also prevents the metal-to-metal contact between the chassis and suspension leaf spring to avoid damage to the metal parts. |
| Reason: The primary function of this article is to absorb the shock caused by a vehicle traveling over bumps in the road and prevent metal-to-metal contact. This type of shock absorption is a type of vibration control. |
| Ruling Date: Oct. 25, 2021 |
N322326: The tariff classification of Decorative Wreaths 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 measuring 20” in diameter. The underlying circular wreath form is fashioned from bundled dried vine on a wire ring. Sprays of the vine radiate outward from the sides of the form and are visible from the front and sides of the wreath. A few lengths of vine are also loosely curved to decorate the face of the wreath, which is embellished with polyester fabric flowers, polyester ivy leaves and foam bird eggs. The eggs are not decorated as Easter eggs, and the wreaths would be appropriate for display throughout Spring. |
| Reason: The wreaths are composite articles made of plaiting materials (vines), polyester fabric (flowers/leaves), foam (eggs), and metal wire. The vines with their radiating twigs, the artificial flowers/foliage and the eggs all contribute to the decorative appeal of the wreaths. In addition, the vines provide much of the wreath’s structure and a base on which to mount the flowers/foliage. Due to the vine’s dual role providing the underlying structure and providing decorative elements, the vines confer the essential character. |
| Ruling Date: Oct. 25, 2021 |