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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N323772: The tariff classification of Lacosamide Injection and Bortezomib Injection in dosage form, from India
| HTS: (1): 3004.90.9230, 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: Antineoplastic and immunosuppressive medicaments.” (2): 3004.90.9215, 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: Medicaments primarily affecting the central nervous system: Anticonvulsants, hypnotics and sedatives.” |
| Items: (1) Lacosamide Injection, imported in 10 mg/mL, is an anticonvulsant indicated for the treatment of partial-onset seizures in patients 4 years of age and older. It is also indicated for use as an adjunctive therapy in the treatment of primary generalized tonic-clonic seizures in patients 4 years of age and older. (2) Bortezomib Injection, imported in 3.5 mg/10 mL, is a proteasome inhibitor. It is indicated for the treatment of adult patients with multiple myeloma and treatment of adult patients with mantle cell lymphoma. |
| Reason: N/A |
| Ruling Date: Feb. 15, 2022 |
N324121: The tariff classification of a plastic dog toy from China
| HTS: 3924.90.5650, 9903.88.15, 3.4% + 7.5%, "Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other: Other…Other." |
| Item: Chew ‘n Clean Tuff Bone. It is made of 59.5% nylon plastic, 40% thermoplastic polyurethane, and 0.5% dehydrated chicken. It features a green raised textured center, and is shaped to resemble a dog bone. Incorporated into the plastic dog bone is dehydrated chicken flavoring. This ingredient adds flavor and a scented smell to the dog bone. These characteristics do not dissolve or erode, and the ingredient cannot be consumed. This item is used as a chewing toy for dogs and helps remove tartar from a dog’s teeth. The plastic dog bone is made for dogs weighing 20 to 50 pounds. |
| Reason: N/A |
| Ruling Date: Feb. 15, 2022 |
N323747: The tariff classification of a tapping screw from Taiwan
| HTS: 7318.14.1060, 6.2%, "Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Self-tapping screws: Having shanks or threads with a diameter of less than 6 mm: Other." |
| Item: A tapping screw described as “Hillman Fastener 48419”. Each screw is 76.2 mm in length, 5.15 mm in diameter, threaded approximately 2/3 of its length, has a Torx T25 star drive, a countersunk head with nibs, and a type 17 point. The screw has a minimum torsion strength of 81 kg/cm, is made of specially hardened heat-treated low carbon alloy steel, is tan in color, with a zinc electroplated layer and 3 additional layers of organic topcoat to increase its corrosion resistance. The screw satisfies standard mechanical and quality requirements for steel tapping screws used in automotive and related industries. It is advertised to be used with natural wood or composite board materials to construct decks and fences. The screw is designed to form its own pilot hole and cut away material from wood and non-fibrous material to form its own mating thread. |
| Reason: In GRK Can., Ltd. v. United States, 885 F.3d 1340 (Fed. Circ. 2018) the court considered the classification of wood screws vs. self-tapping screws. The court determined that one needs to consider the physical characteristics of the subject screw in addition to its intended use. The subject meets all the physical characteristics of the provided definition of a self-tapping screw and is designed to fasten non-fibrous materials to either fibrous or non-fibrous materials. Based on the design features and intended use, it is the opinion of this office that the subject fastener is a self-tapping screw. |
| Ruling Date: Feb. 14, 2022 |
N324122: The tariff classification of artificial flowers in a metal pot from China
| HTS: 6702.90.3500, 9%, “[a]rtificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: [o]f other materials: [o]ther: [o]f man-made fibers.” |
| Item: An arrangement of artificial flowers within a metal iron pot. The polyester fabric flower petals are affixed to the plastic-covered metal wire stems utilizing adhesive. The flowers are generally shades of light purple and peach in color and the metal pot has a light whitewash to enhance the decorative image in the metal, which is of a bird sitting amongst a group of branches with the French phrase “Jardin aux Oiseaux” underneath.The floral arrangement is permanently secured to the metal pot and the item is intended to be sold as a single unit. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2022 |
N324148: The tariff classification of an infant soothing device from China
| HTS: 8543.70.9860, 9903.88.02, 2.6% + 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” |
| Item: A portable infant soothing device. The device consists of a Printed Circuit Board within a plastic housing that is equipped with white LED lights. The unit is designed to be attached or placed on another item, such as a stroller or mat, and will vibrate in order to provide a soothing effect to an infant. Additionally, the device can play up to five pre-recorded lullabies, a heartbeat noise, or other white noise effects. You state that the sound and vibration can be used at the same time or independently of each other. |
| Reason: Although this device does contain sound reproducing apparatus of heading 8519, HTSUS, this function does not perform the principal function of this device. The subject soothing device meets the definition of a composite machine as it consists of two or more articles with functions that are classifiable in different headings. That classification is determinant upon the principal function of the good. The vibration component imparts the principal function of the system. |
| Ruling Date: Feb. 14, 2022 |
N324203: The tariff classification of a pillow cover from China
| HTS: 6304.91.0140, 9903.88.15, 5.8% + 7.5%, “Other furnishing articles, excluding those of heading 9404: Other: Knitted or crocheted: Of man-made fibers.” |
| Item: A pillow cover constructed from 95 percent rayon and 5 percent spandex knit fabric. The fabric is dyed and printed with a western theme depicting horses, bulls, cacti, mountains and cowboys. The cover is crescent shaped and features a 22 inch opening with a zipper closure along the outside seam through which a nursing pillow will be inserted. The crescent is approximately 9 inches wide and tapered at the ends. The pillow cover measures approximately 18 x 24 inches. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2022 |
N324249: The tariff classification of wooden letters and a blank wooden sign from China
| HTS: 4421.99.9880, 9903.88.03, 3.3% + 25%, "Other articles of wood: Other: Other: Other: Other: Other." |
| Item: A set of 60 small wooden characters. Each appears to be die cut and comes in various sizes, measuring from approximately 30 mm to 38 mm by 25 mm to 33 mm. They are unfinished pine or birch plywood. The retail bag suggests that the customer adhere the letters to a wooden paint stirrer to spell words corresponding to a plant in their herb garden, such as “Basil.” The garden marker can then be painted or otherwise decorated and inserted into the plant’s pot for identification purposes. |
| Reason: In their imported state, the blank signs are not yet decorative or ornamental, and the wooden letters serve a functional purpose above any decorative purpose. |
| Ruling Date: Feb. 14, 2022 |
N324256: The tariff classification of dolomite ceramic bowls and spreaders from China
| HTS: (1) and (2) 6912.00.4810, 9817.95.05, Free, “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.”, "three-dimensional representations of symbols or motifs clearly associated with a specific holiday in the United States" (3), 6912.00.4810, 9.8% |
| Items: “3D ceramic dolomite bowls with knife spreaders. Three-dimensional representations of different characters and comprise a glazed ceramic dolomite bowl, a removable spreader knife with a glazed dolomite handle, and stainless-steel knife blade. The ceramic knife handle depicts the character’s hat. The knife rests in a slot behind the character’s head when not used. The three styles depict (1) Santa Claus (2) Rudolph the Red-Nosed Reindeer (3) a snowman. |
| Reason: The generic snowman is not eligible for free duty treatment in 9817.95.05, HTSUS. The snowman is considered to be a seasonal motif and is not specially linked to any particular holiday. |
| Ruling Date: Feb. 14, 2022 |
N323996: The tariff classification of two gas purifying products from Germany
| 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: Gas purifying articles. The two items are pelletized gas purification compounds based on iron hydroxide. They are particularly effective at removing hydrogen sulfide (H2S) from gas-producing installations (i.e. digesters, landfills). |
| Reason: N/A |
| Ruling Date: Feb. 11, 2022 |
N324190: The tariff classification of a Christmas decoration 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: A solid decoration made primarily of resin, in a conical shape, depicting a decorated Christmas tree. The item includes an ornate circular pedestal base and features inset plastic gemstones depicting Christmas tree ball ornaments and lines of beads depicting draped garland. The item measures approximately 5.3" in length x 5.3" in width x 17" in height. This article will be marketed and sold only as a decoration for Christmas. |
| Reason: N/A |
| Ruling Date: Feb. 10, 2022 |