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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N323768: The tariff classification of a plasma-activated water generator from the Netherlands
| HTS: 8543.30.9080, 2.6%, "Electrical machines an apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Machines and apparatus for electroplating, electrolysis, or electrophoresis: Other: Other.” |
| Items: Freya System, a plasma-activated water machine. The subject system consists of a plasma chamber, a reaction chamber, an analysis system, water and gas cooling systems, and various control and drive electronics. These various systems and electronics are enclosed within a metal housing. The system is powered by a 32 Amp power source and has connection possibilities of RJ45 and USB for programming inputs. |
| Reason: N/A |
| Ruling Date: Jan. 27, 2022 |
N323816: The tariff classification of a Horticultural Sprayer from China
| HTS: 8424.41.9000. 9817.00.50, 2.4% + 25%, "Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Agricultural or horticultural sprayers: Other." |
| Item: A horticultural sprayer. The tractor-loaded sprayer has a 600-liter tank capacity, a diaphragm pump, 10 nozzles, a net weight of 270 kilograms, and is 150 cm x 136 cm x 136 cm. The FXS8/680 is mounted on a tractor by three hitch points and works with tractor power to operate the pump. The pump extracts the solution from the tank and disperses the fluid through the nozzles on the unit. It is designed to spray pesticides and fertilizer diluted in water with a spray range of 10 meters. |
| Reason: N/A |
| Ruling Date: Jan. 28, 2022 |
N320609: The tariff classification of a paper “rope” basket from China
| HTS: 4602.90.0000, 9903.88.03, 3.5% + 25%, "Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from the articles of heading 4601… Other" |
| Item: A decorative basket designed for home storage uses. The oval, open-top basket is constructed of multiple paper “ropes,” alternating between black and white, wrapped horizontally around an iron wire frame and held in place with thread. The wire frame forms the top and bottom rims of the basket, one wire centered across the bottom, twelve vertical supports, and rounded handles at each end. The paper “ropes” entirely obscure the underlying frame. The black “rope” consists of four paper strips combined as follows: three paper strips have been twisted and rolled lengthwise to form a core. One paper strip, forming the outermost material, is wrapped around the twisted paper strips. Meanwhile, per the lab analysis, the white “rope” consists of five paper strips constructed with an inner core consisting of one strip of paper that has been twisted and rolled lengthwise and four paper strips wrapped around the core to form the outermost materials. |
| Reason: The twisting or rolling of paper strips creates paper yarn of heading 5308 and is considered a textile for tariff purposes. Meanwhile, the strips of paper that have not been twisted or rolled are considered plaiting materials of chapter 46 “strips of paper” within the definition of plaiting materials. The essential character of the paper “ropes” is imparted by the outermost paper strips which hold all the layers together, create the visual interest of the “ropes” and therefore of the basket, and establish the overall identity of the basket. |
| Ruling Date: Jan. 27, 2022 |
N323510: The tariff classification and country of origin of Silicone Sealants from China
| Country of Origin: China |
| HTS: 3214.10.002, 9903.88.03, 3.7% + 25%, "Glaziers’ putty, grafting putty, resin cements, caulking compounds and other mastics: Mastics: Other." |
| Items: Two types of sealants. (1) “HT906Z PV Module Sealant,” intended to be used for sealing PV module frames by adhering to typical PV substrates, including anodized aluminum, PPO, glass, and TPT/TPE series back sheets. (2) “5299W-S Two-component Silicone Potting,” intended to be used for sealing solar photovoltaic module junction boxes, electrical components, and electronic components, which require waterproof insulation and heat conduction. |
| Reason: The subject products are produced in China. |
| Ruling Date: Jan. 27, 2022 |
N323543: The tariff classification of Raloxifene Hydrochloride Tablets in dosage form, from India
| HTS: 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: Raloxifene Hydrochloride, imported in 60 mg tablets, is a selective estrogen receptor modulator (SERM). It is used to prevent and treat osteoporosis and reduce the risk of invasive breast cancer in high-risk postmenopausal women. |
| Reason: N/A |
| Ruling Date: Jan. 27, 2022 |
N323545: The tariff classification of Paroxetine Hydrochloride Tablets in dosage form, from India
| HTS: 3004.49.0030, 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 alkaloids or derivatives thereof: Other: Other: Medicaments primarily affecting the central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents.” |
| Item: Paroxetine Hydrochloride, imported in 10 mg, 20 mg, 30 mg, and 40 mg tablets, is a selective serotonin reuptake inhibitor (SSRI) antidepressant. It is indicated for major depressive disorder, panic disorder, obsessive-compulsive disorder (OCD), social phobia, generalized anxiety disorder, the vasomotor symptoms of menopause, and premenstrual dysphoric disorder. |
| Reason: N/A |
| Ruling Date: Jan. 27, 2022 |
N323580: The tariff classification of SUPERTEEL from South Korea
| HTS: 7326.90.8610, 2.9%, "other articles of iron or steel, other, other… Laminated goods consisting of two or more flat-rolled sheets of iron or steel held together with an adhesive or having a core of non-metallic material." |
| Items: SUPERTEEL, a “tin-plated steel laminated with tri-alloy plated high corrosion resistance steel.” The product consists of a tin-plated steel surface coated with Nano Ceramic Coating (NCC) with a thickness of .24 millimeters, a high strength adhesive, and a ternary alloy coated steel backing material (POSMAC) with a thickness of mainly 1.0 millimeter. It is made to be used as Interior of the Construction and the most common applications include elevator cabins, doors, button panels, and interior paneling/cladding. SUPERTEEL is completed by laminating two materials with high strength adhesive resin, drying curing and cooling the product. “The lamination process of the tin-plated steel and tri alloy plated steel produces a single laminated steel.” The sheet has a standard size of 1219 millimeters by 2438 millimeters and is imported in coils. |
| Reason: N/A |
| Ruling Date: Jan. 27, 2022 |
N323671: The tariff classification of a molded silicone plastic bag from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” |
| Item: a “Silicone Pop Fidget Toy Bag.” The subject bag is made from colorful molded silicone plastic and is designed in the shape of a unicorn with fidget pop buttons on the front. It measures 3.4 inches in length by 1.6 inches in width by 5.4 inches in height. The bag features a zipper on top and a shoulder strap, which is 22.8 inches long. It will be imported in a clear polybag. |
| Reason: N/A |
| Ruling Date: Jan. 27, 2022 |
N323687: The tariff classification of a men’s upper body garment from Sri Lanka
| HTS: 6211.32.9060, 8.1%, "Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’: Of cotton: Other: Shirts excluded from heading 6205." |
| Item: A men’s shirt. The outer shell is constructed from 100% cotton, chamois woven fabric. The lining is constructed from 100% polyester woven fabric with a lightweight, 100% polyester fiberfill batting. The garment features a 100% cotton corduroy fabric spread collar, a full front opening secured by a left-over-right, seven-snap closure, long, vented sleeves with one snap closure on each cuff, two patch pockets on the chest with a metal rivet on each upper corner, side seam pockets below the waist, a rear yoke, a hanger loop at the inner rear neckline, and a curved, hemmed bottom. |
| Reason: N/A |
| Ruling Date: Jan. 27, 2022 |
N323744: The tariff classification of swim shorts from China
| HTS: 6211.43.1060, 9903.88.15, 16% + 7.5%, "Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Other: Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206." |
| Item: A woman’s top constructed from 100% polyester woven fabric. The top features a partial front opening with a self-fabric tie closure, long sleeves with cuffs, and elasticized tightening at the bottom. |
| Reason: N/A |
| Ruling Date: Jan. 27, 2022 |