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.
N326056: The tariff classification of Oddlygood™ Barista Oat Drink from the United Kingdom
| HTS: 2202.99.9100, 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: Other: Other: Other." |
| Items: Oddlygood™ Barista Oat Drink which can be used as a ready-to-drink beverage or used as a milk alternative in coffee. It is said to contain approximately 86 percent water, 10 percent oat flour, 3 percent sunflower oil, and trace amounts of dipotassium phosphate, calcium carbonate, sea salt, vitamins, and enzymes. Oddlygood™ Barista Oat Drink will be imported packaged for retail sale in tetra packs with a net weight of 33.8 ounces. |
| Reason: N/A |
| Ruling Date: June 2, 2022 |
N326134: The eligibility of the United States-Mexico-Canada Agreement (USMCA) of a contaminated food product removal system
| USMCA Eligibility: Eligible |
| HTS: 8479.89.9599, 2.5% (free under USMCA), “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other." |
| Item: The P&P Optica, PP Smart Imaging System, uses hyperspectral-imaging technology to detect, identify, sort, and remove contaminated food on a production line. This system includes a control and electrical panel, electric motor-driven conveyors, a pneumatic sorting mechanism, halogen lights, and a specialized near infrared hyperspectral vision camera system. |
| Reason: The requisite tariff shift rule is met. |
| Ruling Date: June 2, 2022 |
N326188: The tariff classification of women’s blouses from Bangladesh
| HTS: 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Items: (1) A women’s blouse composed of 95 percent cotton, 5 percent spandex jersey knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a V-neckline, short hemmed sleeves, and a straight hemmed bottom. (2) A women’s blouse composed of 95 percent cotton, 5 percent spandex jersey knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a round neckline, ¾ length hemmed sleeves, and a straight hemmed bottom. |
| Reason: N/A |
| Ruling Date: June 2, 2022 |
N326189: The tariff classification and country of origin of bulk polydimethylsiloxane
| Country of Origin: Japan and Korea |
| HTS: 3910.00.0000, 3%, "Silicones in primary forms." |
| Item: Polydimethylsiloxane. It is composed of a mixture of linear and cyclic siloxanes. The final product contains no solvent or additives. |
| Reason: The product will always be commingled in Singapore. |
| Ruling Date: June 2, 2022 |
N326192: The tariff classification of women’s blouses from Vietnam and China
| HTS: 6106.10.0010, 9903.88.15, 19.7% + 7.5%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Items: (1) A women’s blouse composed of 60 percent cotton, 40 percent polyester knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a round neckline, short hemmed sleeves, and a straight, hemmed bottom. (2) A women’s blouse composed of 60 percent cotton, 40 percent polyester knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a V-neckine, winged collar, short hemmed sleeves, side slits and a straight, hemmed bottom. |
| Reason: In accordance with HQ H325360 and HQ H324935, the garments are loose-fitting blouses of heading 6106. |
| Ruling Date: June 2, 2022 |
N326195: The tariff classification of a pair of women’s shorts from China
| HTS: 6104.63.2030, 9903.88.15, 28.2% + 7.5%, "Women’s shorts, knitted or crocheted: Shorts: Of synthetic fibers: Other: Other: Shorts: Women’s." |
| Item: A pair of women’s shorts composed of 100 percent sheer mesh polyester knit fabric. The pull-on shorts feature an elasticized waistband, middle seam, and elasticized hemmed leg openings. The shorts extend from the waist to just above the knee. |
| Reason: N/A |
| Ruling Date: June 2, 2022 |
N326196: The tariff classification of a woman’s top from China
| HTS: 6114.30.3070, 9903.88.15, 14.9% + 7.5%, "Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’." |
| Items: A woman’s crop top composed of 100 percent polyester mesh knit fabric. The long-sleeved top reaches from the shoulder to above the bust, and features a mock neck, one metal O ring sewn to the front center, and three metal O rings sewn at the front shoulders. The garment lacks bust coverage and has a hemmed bottom. |
| Reason: N/A |
| Ruling Date: June 2, 2022 |
N326200: The tariff classification of an artificial fabric pumpkin 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 artificial pumpkin constructed primarily from polyester fabric and features a stem made from a bamboo stick wrapped with a brown polyester fabric, a polyester fabric letter, and a gunny fabric bow. It is filled with polyester fiber stuffing to give it its shape. The components of this decoration are assembled using adhesive and the completed artificial pumpkin can be done in different assortments, including colors and letters used, to suit the client’s request. |
| Reason: N/A |
| Ruling Date: June 2, 2022 |
N326336: The tariff classification of Christmas pet toys from China
| HTS: 6307.90.7500, 4.3%, “Other made up articles, including dress patterns: Other: Toys for pets, of textile materials.” |
| Item: “Xmas Doggie and Piggie Toy,” is a pet toy available in two different styles. Both styles are composed of 100 percent polyester knit fabric and stuffed with polyfiber. Each stuffed toy contains an internal squeak mechanism. The first style depicts a sitting dog. The second style depicts a pig and measures. |
| Reason: The pet toys are not in the form of a three-dimensional representation of a symbol or motif. The pet toys are in the shape of a dog and pig. Therefore, the pet toys do not qualify for subheading 9817.95.05. |
| Ruling Date: June 2, 2022 |
N325904: The tariff classification of Pretreated Distiller’s Corn Oil from Curaçao
| HTS: 1515.29.0040, 3.4%, "Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: Corn (maize) oil and its fractions: Other: Other (fully, washed, bleached, or deodorized)." |
| Item: Pretreated Distiller’s Corn Oil. You describe the product as untreated distiller’s corn oil processed into refined, denatured distiller’s corn oil, also known as Pretreated Distiller’s Corn Oil. The product is intended for use primarily as feedstock for renewable diesel refineries. |
| Reason: The product at issue has undergone extensive processing thus it is no longer in its crude form. |
| Ruling Date: June 1, 2022 |