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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N327249: The tariff classification of “2023 Kids Workshop Monthly Kits” from China and Thailand
| 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 series of 13 different children’s educational activity kits which are introduced at the beginning of every month. The products are intended to be purchased and built in a retail store setting to promote an enjoyable and educational activity for young children with adult supervision. Each craft kit includes an instruction sheet and a parent’s “Discovery Education” guide. The five kits under consideration for this ruling refer to the crafts to be provided in the months of February through June 2023. |
| Reason: N/A |
| Ruling Date: July 28, 2022 |
N327280: The tariff classification of clothes hangers from China
| HTS: 7323.99.9080, 9903.88.03, 3.4% + 25%, “Table, kitchen or other household articles and parts thereof, of iron or steel…other, other, not coated or plated with precious metal, other, other, other.” |
| Item: Crystal hangers with clips. A set of two hangers are packaged together for retail sale and are designed for repetitive household use. Each hanger measures approximately 14.17 inches long by 0.28 inches wide by 7.09 inches high. The hangers feature an iron swivel hook at the top, two clear plastic sidearms, and a horizontal iron bar with two iron clips. |
| Reason: N/A |
| Ruling Date: July 28, 2022 |
N327311: The tariff classification of tinplate iron buckets from China
| HTS: 7323.99.5060, free, “Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel: Other: Other: Not coated or plated with precious metal: Of tinplate…Other.” |
| Items: Witch shoe buckets measuring approximately 8 inches wide by 12 inches high. The items are constructed of tinplate iron. Each cylindrical black bucket is attached to a pair of witch’s legs wearing orange and striped stockings and curled-toe black boots. All the items feature a hang-tag sign attached to each witch’s leg, with the printed words “Broomstick Blvd.” |
| Reason: Even though the articles are decorative, the buckets provide functionality and are large enough to hold items used in and around the home. |
| Ruling Date: July 28, 2022 |
N327317: The tariff classification of aluminum locking brackets from China
| HTS: 8301.40.6060, 9903.88.15, 5.7% + 7.5%, "Padlocks and locks (key, combination or electrically operated) of base metal: Other locks: Other: Other." |
| Items: Two styles of wall mounted aluminum locking brackets. Both styles are identical except that one is mounted using adhesive tape and the other is mounted using mounting screws. Each locking bracket is designed to mount and secure soap/shampoo dispenser bottles in hotel bathroom areas. Once mounted, the mechanical locking lid is closed over a specially designed soap/shampoo bottle, securing the bottle in place. Hotel personnel can access the bottle to replace or refill it by unlocking the bracket with the included specially designed keys. |
| Reason: N/A |
| Ruling Date: July 28, 2022 |
N326844: The Tariff Classification of Frozen Ground Tuna from Indonesia
| HTS: (when bulked packed in 15-pound outer boxes consisting of 15 individual 1 pound vacuum packed packages) 0304.99.9190, 6%, “Fish fillets and other fish meat, fresh, chilled or frozen: Other: Frozen: Other: Other: Ocean.” |
| (when bulked packed in 20-pound outer boxes consisting of 15 individual 1 pound vacuum packed packages)0304.99.1190, Free, “Fish fillets and other fish meat, fresh, chilled or frozen: Other: Frozen: Other: Other: Tuna [of genus Thunnus and of fish of the genus Euthynnus (Katsuwonus) pelamis].” |
| Item: Frozen Ground Tuna produced from remnants of trim meat, specifically tail meat, belly trim meat, neck meat, frame meat, and smaller parts of the loin meat, all from yellowfin tuna. After the four loins parallel to the backbone have been removed. Processing will consist of placing the trim meat in a commercial grinder to be ground, with the resulting product placed on a sheet tray for sinew or impurities to be sorted out. Once the ground tuna meat has been picked through, it will be vacuum packed and frozen. As per the information submitted in the ruling letter, four different bulk packaging scenarios. |
| Reason: N/A |
| Ruling Date: July 27, 2022 |
N326866: The tariff classification of plastic fishing clips from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” |
| Items: A fishing clip part of the “Seacured Fishing ‘Clip My Lip’ Culling System,” which is used during a fishing tournament to allow the user to identify and track the top five fish more easily. Each article consists of a plastic clip to secure to the fish’s lip, a brightly colored float, and a coated cable with a looped end to fit around a culling beam. The system will be sold with five of these fishing clips distinguishable by different colored floats. |
| Reason: Consideration was given to classifying this within subheading 9507.90.8000, which provides for fishing tackle. Heading 9507 includes items such as fishing rods, fishhooks, and other line fishing tackle, it is not a provision for fishing accessories in general. Although this product may be marketed as an accessory for fishing, it is used independently and does not directly accessorize the equipment classifiable in heading 9507. |
| Ruling Date: July 27, 2022 |
N326933: The tariff classification of the “2-in-1 Tot Swimmer” from China
| HTS: 9506.29.0080, 9903.88.15, free + 7.5%, "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; Water skis, surf boards, sailboards, and other water-sport equipment; parts and accessories thereof: Other…Other." |
| Item: Two styles of the “2-in-1 Tot Swimmer,” an item which functions as a swim training system to grow with the child as he or she becomes more comfortable in the water. The item consists of a buoyancy vest and detachable arm floats which provide support and balanced flotation, allowing kids to safely practice swimming. The arm floats are attached by a textile-covered zipper onto the vest, allowing for easy removal, so that each item can be used separately. The vest includes a belt and buckle on the back so that it stays securely on the child. |
| Reason: N/A |
| Ruling Date: July 27, 2022 |
N326979: The tariff classification of plastic toy figures packed in a tin carry case from China
| HTS: (figurines) 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.” |
| (metal container) 4202.19.0000, 9903.88.03, 20% + 25%, "Trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels and similar containers, other." |
| Items: Thirteen PVC toy figures packaged in a decorative tin case depicting characters from the cartoon television series Masha and the Bear. Each figure, Masha (a young girl), Panda Bear, brown Bear, Masha’s Dog, Snow Princess, Hare, She-Bear, Silly Wolf, Masha Painter, Rosie (a pig), Bear Builder, Squirrell, and Penguin, measures approximately 2.25” to 4” tall. The toy figures are intended for imaginative play and are to be stored in the tin box in which they are packaged. It is further noted that the retail packaging specifies the product is intended for the amusement of children ages 3 and up. |
| Reason: The toy figures and case are not a set for tariff purposes. |
| Ruling Date: July 27, 2022 |
N327083: The tariff classification of an artificial rose hanging basket from China
| HTS: 6702.10.4000, 3.4%, "Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: [o]f plastics: [o]ther, including parts.” |
| Item: An artificial 13-inch rose hanging basket. This article consists of a metal hanging basket, with chains and a hook, a palm lining visible through the basket frame, and artificial pink roses and green leaves of molded plastic atop the basket. The flowers and leaves are assembled by fitting them onto a half-globe interior core, also made from molded plastic. The plastic core is then secured to the metal basket frame with plastic zip ties. |
| Reason: It is the plastic flowers and foliage that impart the essential character over the other components. |
| Ruling Date: July 27, 2022 |
N327116: The tariff classification of an insufflation management system from Germany
| HTS: 9018.90.7580, free, "Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: [o]ther instruments and appliances and parts and accessories thereof: [o]ther: [e]lectro-medical instruments and appliances and parts and accessories thereof: [o]ther: [o]ther:[o]ther.” |
| Item: A 3-in-1 insufflation management system providing stable pneumoperitoneum, constant smoke evacuation, and valve-free access to the abdominal cavity. The system is intended for use in diagnostic and/or therapeutic endoscopic procedures to distend a cavity by filling it with medical grade carbon dioxide to create and maintain a gas-sealed obstruction-free path of entry for endoscopic instruments, and to evacuate surgical smoke. It consists of three basic components: the iFS unit itself, the AirSeal Access Ports, and three distinct filtered tube sets. The iFS unit is a software-driven device intended for insufflation of a surgical cavity. |
| Reason: N/A |
| Ruling Date: July 27, 2022 |