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.
N326073: The tariff classification of silver jewelry from Russia
| HTS: 7113.11.5000, 80%, “Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: Of precious metal whether or not plated or clad with precious metal: Of silver, whether or not plated or clad with other precious metal: Other: Other.” |
| Items: (1) A sterling silver, 5.5 mm wide, interlocking chain necklace with a lobster clasp. The necklace weighs 1.4 grams. (2) A sterling silver, 2.72 mm wide, flat, looped-link chain necklace with a lobster clasp. The necklace weighs .85 grams. (3) A sterling silver, 5.5 mm wide, interlocking chain bracelet with a lobster clasp. The bracelet weighs 0.4 grams. |
| Reason: N/A |
| Ruling Date: June 6, 2022 |
N326099: The tariff classification of basic bucket and pallet fork attachments from the Czech Republic
| HTS: 8431.20.0000, free, “Parts suitable for use solely or principally with the machinery of headings 8425 to 8430: Of machinery of heading 8427.” |
| Items: (1) A basic bucket attachment with a capacity of 0.46 cubic meters, a width of 1880 millimeters, and is made of steel. Each bucket attaches to the arms of the Elise 900, which angle, raise, or lower the bucket, allowing the skid loader to scoop and shovel items.(2) A basic bucket attachment with a capacity of 0.09 cubic meters, a width of 800 millimeters, and is made of steel. Each bucket attaches to the arms of the MiniZ, which angle, raise, or lower the bucket, allowing the skid loader to scoop and shovel items.(3) A pallet fork attachment consisting of a carriage and fork assembly made of steel that weighs 192 kilograms. Each attachment has a load capacity of 2,000 kilograms and includes forks that are 1200 millimeters in length. Each pallet fork attachment is mounted to the front arms of the Elise 900 where it is raised and lowered, allowing the Elise 900 to load and move materials.(4) A pallet fork attachment consisting of a carriage and fork assembly made of steel that weighs 92 kilograms. Each attachment has a load capacity of 300 kilograms and includes forks that are 800 millimeters in length. Each pallet fork attachment is mounted to the front arms of the MiniZ where it is raised and lowered, allowing the MiniZ to load and move materials. |
| Reason: N/A |
| Ruling Date: June 6, 2022 |
N326109: The tariff classification of alloy steel bars from China, Ukraine or Slovenia
| HTS: (bars meeting the definition of flat-rolled products) 7226.99.0180, 9903.80.01, 9903.88.15, free + 25% + 7.5%, "Flat-rolled products of other alloy steel, of a width of less than 600 mm: Other: Other: Other." |
| (tool steel flat bars having a maximum cross-sectional dimension less than 18 mm) 7228.50.1020, 9903.80.01, 9903.88.15, free + 25% + 7.5%, "Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or nonalloy steel: Other bars and rods, not further worked than cold-formed or cold-finished: Of tool steel (other than high-speed steel): Other: With a maximum cross-sectional dimension of less than 18 mm: Of round or rectangular cross-section with surfaces ground, milled or polished." |
| (tool steel flat bars having a maximum cross-sectional dimension 18 mm or more) 7228.50.1060, 9903.80.01, 9903.88.15, free + 25% + 7.5%, "Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or nonalloy steel: Other bars and rods, not further worked than cold-formed or cold-finished: Of tool steel (other than high-speed steel): Other: With a maximum cross-sectional dimension of 18 mm or more: Of round or rectangular cross-section with surfaces ground, milled or polished." |
| (grade 4140 alloy steel flat bars having a cross-section less than 76 mm) 7228.50.5015, 9903.80.01, 9903.88.15, free + 25% + 7.5%, "Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or nonalloy steel: Other bars and rods, not further worked than cold-formed or cold-finished: Other: Other: With a diameter or cross-section measuring less than 76 mm." |
| (grade 4140 alloy steel flat bars having a cross-section of 76 mm or more but not exceeding 228 mm) 7228.50.5040, 9903.80.01, 9903.88.15, free + 25% + 7.5%, "Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or nonalloy steel: Other bars and rods, not further worked than cold-formed or cold-finished: Other: Other: With a diameter or cross-section measuring 76 mm or more but not exceeding 228 mm." |
| (grade 4140 alloy steel flat bars having a cross-section exceeding 228 mm) 7228.50.5070, 9903.80.01, 9903.88.15, free + 25% + 7.5%, "Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or nonalloy steel: Other bars and rods, not further worked than cold-formed or cold-finished: Other: Other: With a diameter or cross-section exceeding 228 mm." |
| Items: Precision ground alloy steel flat bars. Available in Grades A2, S7 and 01 tool steel and Grade 4140 alloy steel, these cut-to-length bars will ultimately be used in the manufacture of tools, dies and molds. |
| Reason: N/A |
| Ruling Date: June 6, 2022 |
N325900: The tariff classification of footwear produced in the Dominican Republic and the eligibility for preferential treatment under the Dominican Republic – Central America – United States Free Trade Agreement (DR-CAFTA).
| HTS: (1) 6402.99.3177, 6%, "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 is rubber or plastics: other: other: other: other." |
| (2) 6402.99.8091, ¢90/pair + 20%, "Other footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: other: other: valued over $6.50 but not over $12/pair: other: other." |
| (3) 6404.19.3980, 37.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: footwear with open toes or open heels; other: other: other: other." |
| (4) 6404.19.8990, 90¢/pair + 20%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: other: valued over $6.50 but not over $12/pair: other: other." |
| DR-CAFTA Eligibility: eligible |
| Items: (1) a child’s, open toe/open heel, below-the-ankle shoe. The upper and outer sole is made of over 90 percent rubber or plastics. The shoe’s upper is secured over the foot with a hook and loop closure. There is no foxing or foxing-like band. The F.O.B. value is $6.46 per pair. (2) a child’s, closed toe/closed heel, below-the-ankle, below-the-knee shoe. The external surface of the upper consists of over 90 percent rubber or plastics. The shoe has a cord with toggle closure over a tongue and a strap with a hook and loop closure near the top. The F.O.B. value is $11.40 per pair. (3) a child’s, open toe/open heel, below-the-ankle shoe. The upper is made of cotton canvas textile material. The F.O.B. value is $6.46 per pair. (4) A child’s, closed toe/closed heel, below-the-ankle, and below-the-knee shoe. The upper and outer sole are made of predominantly cotton canvas textile material. The F.O.B. value is $11.40 per pair. |
| Reason: (1)(3)(4) qualify for preferential duty treatment because according to HTSUS General Note 29(b)(ii)(A) and 29(n) Chapter 64, General Rule 1, footwear classified in 6402.99.30 through 6402.99.79, inclusive; and 6404.19.25 through 6404.20.60, inclusive, may claim preferential tariff treatment. (2) qualifies as it meets the tariff change requirement. |
| Ruling Date: June 3, 2022 |
N325960: The tariff classification of footwear from China
| HTS: 6405.90.9060,12%, "Other footwear: other: other: other." |
| Item: An open-toe/open-heel woman’s sandal that does not cover the ankle. The sandal’s upper is comprised of two straps, consisting of Ultrasuede with a poly-blend core, that are crossed over the forefoot and secured to the outer sole. The external surface area of the upper straps consists of small glass crystal rounds affixed to the top side of a gel adhesive that is glued to the Ultrasuede. The glass crystals cover and obscure the materials underneath making it the constituent material of the upper. The outer sole that comes in contact with the ground is cow leather. The F.O.B. value is $76.57 per pair. |
| Reason: N/A |
| Ruling Date: June 3, 2022 |
N325968: The tariff classification of aluminum extrusions from Poland
| HTS: (1) 7610.90.0080, 9903.85.01, 5.7% + 10%, , "Aluminum structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars, and columns); aluminum plates, rods, profiles, tubes and the like, prepared for use in structures: other: other: other." |
| (2)(3)(5) 7604.29.1010, 9903.85.01, 5% + 10%, "Aluminum bars, rods and profiles: of aluminum alloys: other: other profiles: heat-treatable industrial alloys of a kind described in statistical note 6 to this chapter." |
| (4) 7604.21.0010, 9903.85.01, 1.5% + 10%, "Aluminum bars, rods and profiles: of aluminum alloys: hollow profiles: heat-treatable industrial alloys of a kind described in statistical note 6 to this chapter." |
| Items: Five types of aluminum extrusions/profiles made from type 6063 aluminum alloy. The extrusions will be imported in material lengths and will be used primarily in the manufacture of folding door and screen/shade systems for residential homes. (1) One of the vertical structural members of a door panel. This hollow profile has more than one enclosed void. It is comprised of two aluminum extrusions joined together with a pair of extruded polyamide plastic thermal break struts. The extrusions are knurled, assembled, crush-rolled and cut-to-length. (2) “Cover suit jamb roll-end”, is an aluminum profile without an enclosed void used in the manufacture of a Centor 405 folding door. (3) “Cover suit jamb screened S4”, is an open profile that will be manufactured for use as the inside face of the screen jamb and will become a component of the screen’s frame. This profile will be imported in bulk lengths of 2390 mm and 3170 mm in a plain “no finish” or a “natural anodized” finish. (4) “Roll tube aluminum 55 mm”, is hollow profile with one enclosed void. Although resembling a round tube, since the inner and outer surfaces are not of the same form, this product is considered a hollow profile for tariff purposes. You state the roll tube extrusion will be mounted vertically inside the left or right jamb to enable the screen/shade to be pulled horizontally across an opening. (5) “Head S4”, is an open profile that forms the upper part of the overall screen frame and is the main support track for the screen/shade fabric. This profile will be imported in bulk lengths of 3900 mm and 5800 mm in both a plain “no finish” and a “natural anodized” finish. |
| Reason: N/A |
| Ruling Date: June 3, 2022 |
N326004: The tariff classification and country of origin of a finished motorcycle
| Country of Origin: Mexico |
| Items: 8711.20.0060, free, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 cc: Exceeding 90 cc but not exceeding 190 cc.” |
| Reason: N/A |
| Ruling Date: June 3, 2022 |
N326053: The tariff classification of Wingnut Test Plugs from Taiwan
| HTS: 7326.90.8688, 2.9%, "Other articles of iron or steel, other…other." |
| Items: The Wingnut Test Plug 1½” and the Wingnut Test Plug 3”. Each test plug contains small steel discs with a hole in the center, a vulcanized rubber gasket and washer, an aluminum wingnut, a steel ring, and a steel screw. The Wingnut Test Plug 1½” is composed of 62.1 percent steel, 32.5 percent rubber, and 5.4 percent aluminum. The Wingnut Test Plug 3” is composed of 51 percent steel, 46.7 percent rubber, and 2.3 percent aluminum. |
| Reason: N/A |
| Ruling Date: June 3, 2022 |
N326084: The tariff classification of electrical cables from Singapore
| HTS: 8544.42.9090, 2.6%, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other: Other.” |
| Items: Various versions of electrical cables that are constructed and function identically and are all rated at under 1000V. The cables are comprised of multiple aluminum wire conductors that are strung together and insulated before a lug-style electrical connector is attached to one end. The cables are spooled onto reels in various lengths. |
| Reason: N/A |
| Ruling Date: June 3, 2022 |
N326093: The tariff classification of unassembled lawn mowers from China
| HTS: 8433.11.0010, 9903.88.15, free + 7.5%, “Harvesting or threshing machinery, including straw or fodder balers; grass or hay mowers…, parts thereof: Mowers for lawns, parks or sports grounds: Powered, with the cutting device rotating in a horizontal plane: Electric mowers, including battery operated.” |
| Item: Five models of battery-operated lawn mowers. These riding lawn mowers have a cutting device that rotates in a horizontal plane. |
| Reason: N/A |
| Ruling Date: June 3, 2022 |