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.
N326219: The tariff classification of the household kitchen tools from China
| HTS: (1)(2)(3) 8205.51.3030, 9903.88.03, 3.7% + 25%, "Handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: household tools, and parts thereof: of iron or steel: other (including parts): kitchen and table implements." |
| (4) 7323.93.0060, 2%, "Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polish pads, gloves and the like, of iron or steel: Other: Of stainless steel…Cooking and kitchen ware: Other: Kitchen ware." |
| Items: (1) A Folding Potato Masher with a plastic handle that is attached to a foldable stainless steel working surface with small holes, (2) A Waiter’s Corkscrew incorporating a foil knife and a corkscrew, which is used to open wine bottles. (3) A Rewind Bottle Opener that incorporates an adhesive-backed round button with a retractable cord. The round button can be stuck to any smooth flat surface in order to keep the tool at the ready for ease of use. In operation, the cord can be extended, and the opener can be used in the hand. (4) A Garlic Press with an arc shaped plastic handle and a stainless-steel grated working edge. In use, a peeled garlic clove is placed on a hard, flat surface. The user presses down vertically, and by using a back-and-forth rocking motion, the garlic is minced and crushed. |
| Reason: The garlic press must be placed on a table or other flat surface in order to operate. Hand-tools are operated by the unaided hand. |
| Ruling Date: June 15, 2022 |
N326256: The tariff classification of Zoledronic Acid Injection in dosage form, from India
| HTS: 3004.90.9291, 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: Other.” |
| Item: Zoledronic Acid Injection, imported in 4 mg/5 mL single dose vials, belongs to a class of drugs known as bisphosphonates. It is indicated for the treatment of hypercalcemia of malignancy, patients with multiple myeloma and patients with documented bone metastases from solid tumors, in conjunction with antineoplastic therapy. |
| Reason: N/A |
| Ruling Date: June 15, 2022 |
N326308: The country of origin and marking of a ratchet handle
| Country of Origin: China |
| HTS: 8466.10.0175, 3.9%, “Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for the machines; tool holders for any type of tool for working in the hand: Tool holders and self-opening dieheads: Other." |
| Item: A steel ratchet handle contains a drive that allows the user to attach a variety of sockets so that it can turn screws, bolts, and nuts. The ratchet handle is being imported for further assembly. |
| Reason: The ratchet handle provides the essence of the finished product because it is chiefly responsible for the functional aspect of the ratchet by providing the needed torque and leverage of the ratchet. It is not substantially changed by the addition of the U.S. fabrications or the minor assembly operations. |
| Ruling Date: June 15, 2022 |
N326313: The tariff classification of a dynamic culture platform from Taiwan
| HTS: 8479.89.9599, 2.5%, “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: A device that provides mechanical stimulation of cell cultures or other biomaterials by stretching and compressing the membranes. The platform does not perform analysis of the cell materials. The platform houses a database, and it is for laboratory research only. The platform is imported as a kit and consists of (1) the main unit which mechanically controls the cell culture mode, (2) a frequency controller, which controls how often the material is stretched and squeezed, (3) a PDMS membrane used as a substrate for cell cultures, (3) biopsy clips for stretching and squeezing the cell cultures, (4) 3D biomaterial clips for compressing the materials, and (5) consumables, such as a plastic membrane chamber, and silicone patches. |
| Reason: It is CBP's opinion of this office that the essential character of this set is imparted by the main unit. |
| Ruling Date: June 15, 2022 |
N326331: The tariff classification of baby journals and conversation cards from China
| HTS: (1) 4820.10.2010, 9903.88.03, free + 25%, “Diaries and address books.” |
| (2)(3)(5) 4911.99.6000, 9903.88.15, free + 7.5%, “Other printed matter:… Other: Other: Other: Printed on paper in whole or in part by a lithographic process.” |
| (4) 4820.10.4000, 9903.88.03, free + 25%, “Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: Other.” |
| Items: (1) A “Baby Journal” used to record a baby’s development. Each lined page is left open for the parent to write in free-form, whatever information they feel is important. (2) A set of flashcards with six categories to spark conversations between expectant parents. They are printed on paper via offset lithography. (3) A packaged set of flashcards with nine discussion categories to help facilitate conversations on important topics between expectant parents and “prepare for parenthood.” They are printed on paper via offset lithography. (4) A ring-bound book with elastic loop closure that contains pages for tracking a baby’s daily life. Each page has a space for the date at the top and six labeled areas for listing that day’s information. (5) Items 1, 3, and 4 sold together as a set. |
| Reason: The pages in the “Baby Journal” do not provide sufficient space for “a detailed retrospective of events, observations, thoughts or feelings.” |
| Ruling Date: June 15, 2022 |
N326402: The tariff classification of 1,1,1,2-Tetrafluoroethane (CAS# 811-97-2) from China
| HTS: 2903.45.1000, 3.7%, "Halogenated derivatives of hydrocarbons: Saturated fluorinated derivatives of acyclic hydrocarbons: 1,1,1,2-Tetrafluoroethane (HFC-134a) and 1,1,2,2-tetrafluoroethane (HFC-134)." |
| Items: 1,1,1,2-Tetrafluoroethane, a halogenated derivative of an acyclic hydrocarbon |
| Reason: N/A |
| Ruling Date: June 15, 2022 |
N326150: The tariff classification of Varenicline Tablets in dosage form, from India
| HTS: 3004.90.9291, 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: Other.” |
| Items: Varenicline, imported in 0.5 mg and 1 mg tablets, is a medicinal preparation containing Varenicline, a nicotinic receptor partial agonist, as the active ingredient. It is available by prescription only for the treatment of nicotine dependency associated with smoking in adults. |
| Reason: N/A |
| Ruling Date: June 14, 2022 |
N326160: The tariff classification of a handbag and backpack from China
| HTS: (1) 4202.21.9000, 9903.88.03, 9% + 25%, "Handbags, whether or not with shoulder strap, including those without handle, with outer surface of leather, of composition leather or of patent leather, other, valued over $20 each." |
| (2) 4202.91.9030, 9903.88.03, 4.5% + 25%, "Travel, sports, and similar bags, with outer surface of leather or of composition leather." |
| Items: (1) A clutch-style handbag constructed of 100% cow leather. In your correspondence, you stated that it is valued over $20.00. The handbag is designed and sized to contain small personal effects carried on a daily basis. The article features a front flap. (2) A backpack constructed of 100% cow leather. The backpack is designed to provide storage, protection, portability, and organization for personal effects during travel. It features a zippered closure. The back of the pack has two straps that allow the user to wear it over the shoulders on the back. |
| Reason: N/A |
| Ruling Date: June 14, 2022 |
N326161: The tariff classification, country of origin and marking of ponytail holders from Taiwan; 19 CFR 102.21(c)(2); tariff shift
| HTS: 5609.00.4000, 3.9%, “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Other.” |
| Country of Origin: Taiwan |
| Items: Elastic ponytail holders. The items will be packaged and sold on a cardstock display card as sets. In Taiwan 100 percent nylon filament yarn is extruded. In China natural rubber is cut from sheets and spooled. Glue, cardstock display cards, and retail blister card are produced. In Bangladesh nylon filament yarn is dyed and braided over the rubber core. Heat seal and glue ends of braided nylon yarn with rubber core together to form a loop. The finished ponytail holders are packaged on cardboard display cards or retail blister cards and shipped to the United States. |
| Reason: If of staple fibers, the country of origin of a good classifiable under heading 5609 is the country, territory, or insular possession in which those fibers were spun into yarns. |
| Ruling Date: June 14, 2022 |
N326197: The tariff classification of a hand-held music maker from China
| HTS: 8519.81.4150, free, “Sound recording or reproducing apparatus: Other apparatus: Using magnetic, optical or semiconductor media: Other: Other.” |
| Item: A hand-held, motion-controlled music maker, which records sound onto and reproduces sound from flash memory. The RUKUSfx comes preloaded with one hundred music tracks and eighty sound effects. This device incorporates a built-in speaker, a microphone, a USB-C port, an auxiliary audio input socket, and is battery operated. |
| Reason: N/A |
| Ruling Date: June 14, 2022 |