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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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Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

N323611: The tariff classification of ceramic dolomite drinking vessels from China

HTS: 6912.00.4810, 9.8%, "Ceramic tableware, kitchenware, other household articles and toilet articles, other than porcelain or china: Tableware and kitchenware: Other: Other: Other: Other…Suitable for food or drink contact."
Item: Halloween candy corn mugs with jack-o-lantern spoons. It consists of two cups, two lids, and two spoons. All of the items are comprised of 100% dolomite. The cups, lids, and spoons are packaged together for retail sale upon importation. Each drinking vessel has a handle on one side. The items are to resemble candy corn.
Reason: the tariff term “mug” is defined as a straight-sided or barrel-shaped vessel measuring about the same across the top as the bottom, usually heavier than a cup, with a heavier handle, having a flat bottom and not used with a saucer. Based on its design, the handled cups do not meet the definition of a mug.
Ruling Date: Jan. 20, 2022

N323681: The tariff classification of a Halloween decoration from China

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: An HWN Palmistry Table which consists of an assortment of three designs of a plastic statuette depicting a witch’s hand. The hand is cut off at the wrist, which has a flattened end to stand the article upright on a tabletop. All three designs are decorated with a variety of sinister messages and eerie symbols. This article will be marketed and sold exclusively as a decoration for Halloween to create a scary environment.
Reason: N/A
Ruling Date: Jan. 20, 2022

N323333: The tariff classification of airplane seat and tray covers from Mexico

HTS: 6307.90.9891, 7%, "Other made up articles, including dress patterns: Other: Other: Other: Other: Other."
Items: Airplane seat and tray covers made of 100 percent polyester knit fabric. The set and tray covers are washable and reusable.
Reason: N/A
Ruling Date: Jan. 19, 2022

N323453: The tariff classification of a threaded taper pin and a non-threaded bar pin from China

HTS: Item 1: 7318.19.0000, 9903.88.03, 5.7% + 25%, "Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other. "Item 2: 8302.30.3060, 9903.88.03, 2% + 25%, "Base metal mountings, fittings …: Other mountings, fittings, and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or of zinc: Other."
Items: Components for a torque rod assembly to be used in a suspension for a heavy truck.1) A heavy-duty taper pin. The article is a hardened steel fastener that is tapered and threaded externally and internally. The taper pin is secured into one end of a torsion bar/torque rod with a rubber bushing. The taper pin functions to connect one end of a transversal torsion bar to the axel of a heavy-duty truck.2) A heavy-duty bar pin. The item is a non-threaded steel bar with a hole on each end that allows for the torsion bar to be mounted onto the frame of a heavy-duty truck. The bar pin is secured into one end of a torsion bar/torque rod with a rubber bushing. The heavy-duty bar pin functions to mount one end of a transversal torsion bar to the frame of a heavy-duty truck.
Reason: N/A
Ruling Date: Jan. 19, 2022

N323478: The tariff classification of cleaning machines from China

HTS: Item 1: 8508.11.0000, 9903.88.03, Free + 25%, “Vacuum cleaners, parts thereof: With a self-contained electric motor: Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l." Item 2: 8479.89.6500, 9903.88.15 2.8% + 7.5% “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Electromechanical appliances with self-contained electric motor: Other.”
Items: (1) An Ecobot Vacuum that contains several electric motors with 1,100 W maximum output power and 560 W suction power. The machine features rotating side brushes, safety sensors and navigation system to achieve the productivity. Ecobot Vacuum 40 also features the ability to switch from autonomous mode to manual mode for touchups and spot cleanings. Ecobot Vacuum 40 is designed for commercial use only. (2) An Ecobot Scrubber 50, which washes and cleans floors in commercial environments such as healthcare facilities, malls, airports, and educational facilities. The scrubber is intended for use only on hard surfaces. It is equipped with a navigation system, cameras, and safety sensors for use in autonomous mode and can switch to manual mode for touch ups and spot cleaning. The scrubber is primarily used on wet floors, and it has a dry mop function. There is no vacuum or other mechanical process used when the machine is in dry mode. The Scrubber 50 is intended for use only on hard surfaces. The machine will not work on soft surfaces such as carpet.
Reason: N/A
Ruling Date: Jan. 19, 2022

N323506: The tariff classification of coated steel coils from the United Kingdom

HTS: 7225.99.0090, 9903.80.01, Free + 25% dependent on UK-specific quota at time of importation, "Flat-rolled products of other alloy steel, of a width of 600 mm or more: Other: Other: Other."
Item: Steel coils measuring 1220 mm in width. Available in either single or double-sided construction, both products are comprised of a cold-rolled alloy steel substrate (at its core) which is first hot-dipped galvanized with Galvalloy, a coating comprised of 95% zinc and 5% aluminum. The coated steel is then pre-treated, primed and subsequently painted on the top and bottom with different polymer/plastic-based paints. The single-sided product has a top coat consisting of a specially formulated paint which is uniquely embossed to maximize coverage and weathering protection. On the reverse side, the product is coated with a high-performance paint. The top and bottom layers of the double-sided product also consist of the specially formulated paint. However, while the top coat will be embossed, the back coat is available with either an embossed or smooth surface finish.
Reason: N/A
Ruling Date: Jan. 19, 2022

N323542: The tariff classification of a stuffed textile decoration from China

HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, "Other made up articles, including dress patterns: Other: Other: Other: Other: Other."
Item: A decoration consisting of three attached stuffed fabric snowmen depicting a family of a father, mother, and child holding a “JOY” sign. Each snowman is composed of a 100 percent polyester nonwoven dyed fabric stuffed with polyfiber and a bag of stone grain inside the bottom used to help each snowman stand upright.
Reason: N/A
Ruling Date: Jan. 19, 2022

N323568: The tariff classification of pet collar accessories from China

HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other."
Items: Pet collar accessories with the principal use of holding Apple AirTag tracking devices. “Product A,” consists of a red silicone plastic tag holder that is round and features a cavity to fit the AirTag. It includes a metal ring that runs through a molded loop at the top of the accessory, allowing it to be attached to a pet collar. As “Product A” is considered a composite article. "Product B” consists of a blue silicone plastic tag holder that features a cutout slot in the shape of a dog bone, permitting the AirTag to be inserted into the body of the accessory. Molded loops are on either side of the holder, so a collar can be fed through the product. This holder is wholly made of silicone plastic.
Reason: N/A
Ruling Date: Jan. 19, 2022

N323592: The tariff classification of 4-(trifluoromethyl)benzene-1-sulfonyl bromide (CAS # 1694090-08-8) from Hungary

HTS: 2904.99.4000, 5%, "Sulfonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated: Other: Other: Aromatic: Products described in additional U.S. note 3 to Section VI."
Item: A product called 4-(trifluoromethyl)benzene-1-sulfonyl bromide (CAS # 1694090-08-8). It contains a brominated sulfonyl function group and contains a trifluoro methyl group. It also contains an aromatic (benzyl) group.
Reason: N/A
Ruling Date: Jan. 19, 2022

N323716: The tariff classification of 36in Blow Mold Gift Stack from China

HTS: 9505.10.2500, Free, "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.”
Item: An illuminated, three-dimensional, plastic representation of a stack of wrapped Christmas presents. The largest present is on the bottom with presents growing progressively smaller toward the top of the stack. All presents are decorated with ribbon and a bow on top. The decoration must be plugged into a power source in order for the bulbs inside to illuminate the decoration. The item will be marketed and sold exclusively as a decoration for Christmas.
Reason: N/A
Ruling Date: Jan. 19, 2022