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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N325186: The tariff classification, country of origin marking and eligibility of the United States-Mexico-Canada Agreement (USMCA) of vegan cheese products from Canada
| HTS: 2106.90.9998,6.4% (free under USMCA), "Food preparations not elsewhere specified or included . . . other . . . other . . . other." |
| Country of Origin: Canada |
| USMCA Eligibility: eligible for preferential treatment |
| Items: Five cheese products. The ingredients common to all are water (Canada), coconut oil (Philippines, Indonesia, Sweden, Netherlands), modified food starch (Denmark, Netherlands, Thailand), sea salt (USA), flavor (Hungary, Switzerland), olive extract (Spain), beta carotene (USA), and vitamin B12 (USA). Just Like Cheddar For Shredding, and Just Like Mozzarella For Shredding both also contain corn starch (Netherlands), while Just Like Cheddar For Shredding also contains paprika extract (India, China). Just Like Cheddar Block, Just Like Mature Cheddar Block, and Just Like Smoked Provolone Block also contain potato starch (Holland), while Just Like Cheddar Block also contains paprika extract (India, China). |
| Reason: The tariff-shift rule is met. |
| Ruling Date: April 28, 2022 |
N325187: The classification of a master cylinder, a booster, and a master cylinder booster assembly from Mexico
| HTS: (1)(3) 8413.50.0080, free, "Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof; Other reciprocating positive displacement pumps; Other: Hydraulic fluid power pumps, Other." |
| (2) 8414.80.9000, 3.7%, "Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Other, except parts: Other." |
| Items: (1) A master cylinder assembly, which functions as a positive reciprocating pump, in which linear motion allows for hydraulic fluid to flow from a reservoir into the system. The master cylinder assembly primarily consists of a positive reciprocating pump, a brake oil tank and an oil cap. (2) A booster assembly consisting of a diaphragm plate, a plunger valve, a valve body, a seal assembly, a clevis, a push-rod assembly, a retainer-push rod, a return spring and a tie-rod that connects the vehicle to the booster assembly. The brake booster assembly, which connects to the master cylinder, multiplies vacuum force that is applied to the master cylinder. (3) an assembly that consists of the master cylinder assembly connected to the booster assembly. |
| Reason: Liquid pumps are provided for in heading 8413. The booster assembly itself does not displace liquid nor does it complete a pump that displaces liquid. |
| Ruling Date: April 28, 2022 |
N325190: The tariff classification of footwear from China
| HTS: 6402.99.3165, 6%, "Other footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather: other: other: other: for women: other. |
| Items: An open-toe/open-heel, unisex, thong sandal. The footwear does not cover the ankle. The external surface area of the upper is made of 100 percent Polyurethane nubuck that is sewn together with decorative stitching and padded for comfort. An air cushion under the heel is incorporated into the molded rubber or plastics outer sole. It also has a built-in functional metal bottle opener that is embedded into the arch area of the outer sole. The FOB value is $10.58. |
| Reason: N/A |
| Ruling Date: April 28, 2022 |
N325217: The tariff classification of fruit juice beverages from Chile
| HTS: 2202.10.0060, 0.2¢/liter, "Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored…Other." |
| Items: Two varieties of fruit juice beverages: (1) “The big sipper! Out of this world Apple Mango” contains 96.03 percent water, 2.20 percent apple juice concentrate 70 Brix, 0.80 percent conventional mango juice concentrate 60 Brix - clarified, 0.50 percent orange juice concentrate, 0.33 percent ascorbic acid, 0.05 percent natural cherry flavor SC 1027409, 0.03 percent conventional natural orange flavor SC1027408, 0.02 percent conventional stevia alpha powder COD35179, and 0.04 percent natural mango essence 2M5560-00. (2) “The big sipper! Galaxy Apple Strawberry” contains 95.96 percent water, 3.05 percent apple juice concentrate 70 Brix, 0.05% natural cherry flavor SC1027409, 0.17 percent natural grape flavor SC 1027406, 0.33 percent ascorbic acid, 0.20 percent natural strawberry flavor SC1027404, 0.14 percent conventional strawberry juice concentrate 66 Brix, 0.08 percent red grape juice concentrate 75 Brix, and 0.02 percent conventional stevia alpha powder COD35179. |
| Reason: N/A |
| Ruling Date: April 28, 2022 |
N325221: The tariff classification of the “Vintage Toys” pinball plaything from China
| HTS: 9503.00.0073, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: a miniature version of a pinball game. It is packaged on a cardboard backing, measuring 6” x 12”. According to the retail packaging, the novelty toy will be available in 3 different sports motifs. Images of the “Baseball Star Home Run Slugger” themed pinball toy was provided for our review. It contains a spring-loaded plastic shooter and ball. The object is to shoot the ball onto one of the various plastic ledges containing point values and to attain his or her highest personal score. We note that the pinball toy is flimsily constructed and is not capable of being used in the same manner as a traditional pinball machine. The toy is principally designed for the amusement of children 4 years of age and older. |
| Reason: N/A |
| Ruling Date: April 28, 2022 |
N325225: The tariff classification of the “Finger Sports” bowling toy from China
| HTS: 9503.00.0073, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: A miniature bowling kit that consists of 10 bowling pins, approximately 1.5” tall, and 2 miniature marble bowling balls. The user sets up the pins on a flat surface, in the same manner as in a regular bowling alley, and attempts to knock them all down by “flicking” the 2 balls that are provided. The item is packaged on a card measuring approximately 5” x 10” and is principally designed for the amusement of children 4 years of age and older. |
| Reason: N/A |
| Ruling Date: April 28, 2022 |
N325291: The tariff classification of potassium nitrate, magnesium sulfate heptahydrate, ammonium dihydrogenorthophosphate, potassium dihydrogenorthophosphate, and potassium sulfate from Japan
| HTS: (1) 3105.90.0050, free, "Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Other: Other." |
| (2) 2833.21.0000, 3.7%, "Sulfates; alums; peroxosulfates (persulfates): Other sulfates: Of magnesium." |
| (3) 3105.40.0010, free, "Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Ammonium dihydrogenorthophosphate (Monoammonium phosphate) and mixtures thereof with diammonium hydrogenorthophosphate (Diammonium phosphate): Ammonium dihydrogenorthophosphate (Monoammonium phosphate)." |
| (4) 3105.60.0000, free, "Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Mineral or chemical fertilizers containing the two fertilizing elements phosphorus and potassium." |
| (5) 3104.30.0000, free, "Mineral or chemical fertilizers, potassic: Potassium sulfate." |
| (When imported in tablets or similar forms or in packages of a gross weight not exceeding 10 kg), (1)(3)(4)(5) 3105.10.0000, free, "Products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg." |
| Items: Five water-soluble fertilizers (1) Potassium nitrate concentration: 99.0% (2) Magnesium sulfate heptahydrate concentration: 98% (3) Ammonium dihydrogenorthophosphate concentration: 99% (4) Potassium dihydrogenorthophosphate concentration: 99% (5) Potassium sulfate concentration: 98.0% |
| Reason: N/A |
| Ruling Date: April 28, 2022 |
N325300: The tariff classification of bicycle wheelsets from Germany
| HTS: 8714.99.8000, 10%, “Parts and accessories of vehicles of headings 8711 to 8713: Other: Other: Other”. |
| Item: A complete carbon wheel sets that could be imported with or without tubes, tires, or sprockets. In your submission you state that these specific wheelsets consist of the carbon rim, spokes, the hub system and quick-release bolt system used to mount and release the wheel from the frame. This wheelset is designed for racing bicycles and is not intended for E-bikes or motorcycle use. The bicycle wheels are produced and imported from Germany and sent to dealers in the USA. |
| Reason: N/A |
| Ruling Date: April 28, 2022 |
N325314: The tariff classification of a coated pullover from China
| HTS: 6113.00.9086, 9903.88.15, 7.1% + 7.5%, "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Other: Other: Women’s or girls’." |
| Item: A girls’ pullover. The garment is constructed from 84% polyester, 16% spandex knit fabric. The outer surface of the sleeves and the inner surface of the body are visibly printed with a microdot foil coating of PVC plastic. The closely spaced foil dots simulate the look of a metallic lamé fabric. The coating does not form a design. |
| Reason: N/A |
| Ruling Date: April 28, 2022 |
N325320: The tariff classification of a girls’ coated one-piece swimsuit from China
| HTS: 6113.00.9086; 9903.88.15, 7.1% + 7.5%, "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Other: Other: Women’s or girls'." |
| Item: A girls’ one-piece swimsuit constructed from 84% polyester, 16% spandex knit fabric, which has been lined with a 100% polyester knit fabric. The inner surface of the outer shell fabric is visibly printed with a microdot foil coating of PVC plastic. The closely spaced foil dots simulate the look of a metallic lamé fabric. The coating does not bear a design. Since the foil coating is between the outer shell and the lining, it is not visible when worn. |
| Reason: N/A |
| Ruling Date: April 28, 2022 |