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:
Sign up for a free preview to unlock the rest of this article
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.
N324994: The tariff classification of a costume from China and Vietnam
| 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: Adult plus-size costume identified as Golden Goddess. The Golden Goddess costume consists of a pullover dress, shoulder drape, sash with rope ties and a headpiece. The flimsy sleeveless dress imparts the essential character of the set. The one shoulder dress is made of man-made knit fabric and features a single flimsy strap at the opposite shoulder, decorated with textile leaf shapes. The hem bottom is raw and unfinished. The entire dress is constructed with long, loose straight stitching. |
| Reason: N/A |
| Ruling Date: March 29, 2022 |
N324570: The tariff classification of a reusable shopping bag from China
| HTS: 4202.92.4500, 9903.88.03, 20% + 25%, "travel, sports, and similar bags, with outer surface of sheeting of plastic, other." |
| Item: A reusable shopping bag constructed with an outer surface of plastic sheeting. The bag is designed to provide storage, protection, organization, and portability to groceries or other personal effects during travel. The interior has one compartment. The bag features an open top and two handles. The article is of a durable construction and suitable for repetitive use. |
| Reason: There is no indication that the instant shopping bag is not designed for or capable of maintaining the temperature of food and beverages. It is a generic reusable shopping tote bag. |
| Ruling Date: March 28, 2022 |
N324639: The country of origin and marking of an active optical cable assembly
| Country of Origin: Thailand |
| Item: An active optical cable (AOC), referred to as the FIBBR F-H3M-QT. This AOC is a type of data cable that accepts an electrical signal input at an input connector, converts that signal into an optical signal, transmits the optical signal over optical fibers, and re-converts the optical signal to an electrical signal at the output connector. |
| Reason: The manufacturing process that takes place within Thailand to create the TX and RX modules/PCBAs, which are the dominant components and impart the essence of the finished product, is substantial and complex. The final assembly process that takes place in China does not involve a complex assembly process |
| Ruling Date: March 28, 2022 |
N324928: The tariff classification of a motor vehicle mounting from China and/or Malaysia
| HTS: (if Maylaysian Origin): 8302.30.3060; 2%, "Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or of zinc: Other." (If Chinese Origin): 8302.30.3060, 9903.88.03, 2% + 25% |
| Items: (1) Charge port door stem made of A380 aluminum. The stem mounts the charger port door to the body of an electric vehicle, and lifts and twists the charge port door of the vehicle out of the way so that the charging port can be accessed. (2) Charge port door sleeve assembly consisting of a bracket made of A380 aluminum, a bushing made of Delrin 500P plastic, a stainless-steel spring clip, and a stainless-steel pin. The article will arrive in the U.S. assembled. The assembly will be part of the charge port and will function to mount the charger to the body of the vehicle. (3) Roof accessory port assembly, consisting of a bracket made of 6082-T6 aluminum, 2 O-rings made of EPDM rubber, and 2 M6-1.0 x 35 mm hex socket set screws made of steel. It will arrive in the U.S. assembled and will be installed into the roof of a vehicle as an anchor point where cargo crossbars or other accessories can be attached to the vehicle. (4) Roof accessory port assembly consisting of a bracket made of 6082-T6 aluminum, 2 O-rings made of EPDM rubber, and 2 M6-1.0 x 25 mm hex socket set screws made of steel. It will arrive in the U.S. assembled and will be installed into the roof of a vehicle as the anchor point where cargo crossbars or other accessories can be attached to the vehicle. (5) Cargo bed accessory port costing of a bracket made of 6082-T6 aluminum, a plastic dust barrier made of Polypropylene, and 2 M3-0.5 x 8 FC Pozi Tap screws made of steel. The Cargo Bed Accessory Port assembly will arrive to the U.S. assembled and will be installed into the cargo bed of a vehicle as an anchor point where cargo crossbars or other accessories can be attached to the vehicle. |
| Reason: N/A |
| Ruling Date: March 28, 2022 |
N324962: The tariff classification of a women’s woven shirt-jacket from China
| HTS: 6202.40.7511; 9903.88.15, 27.7% + 7.5%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Of man-made fibers: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Other: Other: Other: Other: Other: Women’s." |
| Item: A women’s shirt-jacket constructed from a wax-coated, 100% polyester woven fabric insulated with a non-woven polyester batting. The coating is not visible as the term is defined in the tariff. The jacket features a right-over-left, full front opening with a hidden placket and seven button closures; a pointed collar; long sleeves with two-button cuffs; welt pockets below the waist; chest pockets; and a curved, hemmed bottom. |
| Reason: The garment fits over other clothing for protection against the weather. Therefore, classification as a shirt or blouse is not applicable. |
| Ruling Date: March 28, 2022 |
N324529: The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of bicycles from Canada
| HTS: 8712.00.3500, free under USMCA, "Bicycles and other cycles (including delivery tricycles), not motorized, bicycles having both wheels exceeding 63.5 cm in diameter, other." |
| USMCA Eligibility: Eligible |
| Item: Three models of bicycles, all constructed with lightweight aluminum frames. The specific models at issue are the Marshall, FV22052351; the Minus, FV22069331; and the Kobain, FV22037311. |
| Reason: The bicycle components undergo the applicable tariff shift from heading 8714 to heading 8712 when they are used to form the bicycle in Canada. All three models exceed the applicable regional value content requirement of 60%. |
| Ruling Date: March 25, 2022 |
N324688: The tariff classification of an exercise strap from China
| HTS: 9506.91.0030; 9903.88.15, 4.6% + 7.5%, "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; parts and accessories thereof: Other: Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof...Other.” |
| Item: ATG sled strap. Nylon strap compromises 99% of the product while it also includes an aluminum carabiner clip. The carabiner clip, made from Aviation Aluminum, is connected to a large metal object, also called a sled. The clip is attached to the sled and the nylon strap is tied around the user’s body. The user works out by pulling the sled backwards with his or her body. The sled strap is intended for use solely for sled training and is not intended for any other use. Sled training develops strength in the lower body and core and also improves aerobic and anaerobic conditioning. |
| Reason: N/A |
| Ruling Date: March 25, 2022 |
N324718: The country of origin of a Wall Charger Set
| Country of Origin: Philippines |
| Item: 20W Dual USB Port Wall Charger Set, which consists of a retail package containing a wall power adapter plug and a 6-foot braided electric cable. The 20W power adapter is rectangular shape with a two-prong electrical plug on one side and two USB sockets, one Type-A and one Type-C, on the other side. The 6-foot braided electric cable has a USB Type-C connector on one end, and an 8-pin connector on the other end. The Wall Charger Set is intended to be used to power/charge various USB-enabled electronic devices at home or in the office. |
| Reason: The assembly of the PCBA (printed circuit board assembly) in the Philippines by soldering the individual components onto the bare board results in a substantial transformation of the components. The PCBA provides the essence of the electrical charging device because it is the article within the assembly that converts and supplies electricity to electronic devices via USB sockets. |
| Ruling Date: March 25, 2022 |
N324855: The tariff classification of the Chalked Compass Set from China
| HTS: 9017.20.8080; 9903.88.03, 4.6% +25%, “Drawing, marking-out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, calipers), not specified or included elsewhere in this chapter; parts and accessories thereof: Other drawing, marking-out or mathematical calculating instruments: Other: Other.” |
| Item: Chalked Compass Set, which consists of a yellow and red plastic compass and two pieces of chalk. Additional chalk can be purchased separately. The compass is 9 inches long and is designed to draw perfect chalk circles and arcs. In operation, circles can be made by pushing one leg of the compasses onto the ground while moving the chalk side around. The radius of the intended circle can be changed by adjusting the initial angle between the two legs. The Chalked Compass Set is sold in grocery stores, drug stores and to other mass merchants. |
| Reason: The essential character of the Chalked Compass Set is imparted by the plastic compass. |
| Ruling Date: March 25, 2022 |
N324444: The country of origin of Clobetasol Propionate Cream, USP 0.05% in dosage form
| Country of Origin: Italy |
| Item: Clobetasol Propionate Cream USP, 0.05% is a corticosteroid formulation indicated for the relief of the inflammatory and pruritic manifestations of corticosteroid-responsive dermatoses. The Clobetasol Propionate Cream will be imported in retail packs. |
| Reason: The mixing of the active ingredient Clobetasol Propionate (made in the Italy) with the inactive ingredients into the final cream in India does not result in a substantial transformation. |
| Ruling Date: March 24, 2022 |