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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N328023: The tariff classification of a plastic decoration and a plastic planter from China
| HTS: (1) 3926.40.0090, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles: Other.” |
| (2) 3924.90.5650, 9903.88.15, 3.4% + 7.5%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other. Other.” |
| Items: (1) A polyresin acorn decoration. The acorn nut is green, and the cap is brown in color. It is molded from one piece. One version is made from 100% polyresin plastic, the other 80% polyresin plastic, and 20% natural limestone powder. (2) A polyresin skull planter. It is molded from one piece. One version is made from 100% polyresin plastic, the other 80% polyresin plastic, and 20% natural limestone powder. |
| Reason: N/A |
| Ruling Date: Sept. 16, 2022 |
N327711: The tariff classification of two bonded upholstery fabrics of man-made fibers from China
| HTS: (1) 5407.53.2060, 9903.88.03, 12% + 25, "Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent or more by weight of textured polyester filaments: Of yarns of different colors: Other: Weighing more than 170 g/m2." |
| (2) 6001.10.2000, 9903.88.03, 17.2% + 25%, “Pile fabrics, including 'long pile' fabrics and terry fabrics, knitted or crocheted: 'Long pile' fabrics: Of man-made fibers.” |
| Items: (1) A bonded fabric consisting of a woven face fabric and non-woven backing fabric. The face fabric is of other dobby weave construction, weighs 235 g/m2 and is composed wholly of man-made fibers of yarns of different colors, of which 92 percent are polyester textured filament yarns and 8 percent are nylon textured filament yarns. The needle punched nonwoven backing fabric is composed wholly of polyester fibers and weighs 125 g/m2. The total weight of the bonded fabric is 360 g/m2. (2) A bonded fabric consisting of a knit face fabric and a woven backing fabric. According to the information provided, the knit face fabric is a long pile composed wholly of polyester and weighs 250 g/m2. The woven backing fabric is composed wholly of polyester and weighs 100 g/m2. The total weight of the bonded fabric is 350 g/m2. |
| Reason: Based on the relative weights, quantity and design of the face and backing fabrics, it is the face fabric which imparts this product with its essential character. |
| Ruling Date: Sept. 15, 2022 |
N327735: The tariff classification of a Holeshot Device from China
| HTS: 8714.10.0050, 9903.88.15, free + 7.5%, “Parts and accessories of vehicles of heading 8711 to 8713: Of motorcycles (including mopeds): Other.” |
| Item: A holeshot device (or launch start device) is an accessory that can install onto any motorized dirt bike. It is comprised of two main components: a collar or clamp that wraps around the fork tube and a locking launch assembly mechanism that mounts to the fork guard. The collar is bolted onto the shock absorber and provides a latch for the launch assembly to attach to. When in a stopped position, the shock can be manually compressed, and the launch device holds the shock into the compressed position with the spring latch. The launch assembly is bolted onto the lower portion of the shock for installation. When in the latched position, it compresses the front end of the dirt bike shock and holds it in a lowered stance or locked position. Once the gate drops and the dirt bike accelerates, the suspension will decompress and unlatch/unlock the shock to function as normal. |
| Reason: N/A |
| Ruling Date: Sept. 15, 2022 |
N327865: The tariff classification of a narrow woven lyocell grosgrain fabric from China and India
| HTS: 5806.32.2000, 9903.88.03, 6.2% + 25%, “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: Of man-made fibers: Other.” |
| Item: A grosgrain plain woven fabric composed of 100 percent lyocell containing woven selvages. The sample measures approximately 2.5 cm wide and will be imported on spools. The woven fabric was produced on a ribbon loom machine and the intended use of the item is normally for packaging. |
| Reason: The intended use of the “ribbons” is packaging and there is no evidence provided that the product will be used for that purpose. The meaning of "narrow woven fabrics" as those not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages on both edges. The fabric meets the definition. |
| Ruling Date: Sept. 15, 2022 |
N327878: The tariff classification of a TFT-LCD module with mechanism from Japan
| HTS: 8524.91.1000, free, "Flat panel display modules, whether or not incorporating touch-sensitive screens: Other: Of liquid crystals: Flat panel display modules, other than flat panel display modules for articles of subheadings 8528.59, 8528.69, 8528.72 and 8528.73." |
| Item: A TFT-LCD module with mechanism, which is installed in automobiles after importation. The subject module is composed of a thin film transistor (TFT)-liquid crystal display (LCD) module, TFT-LCD cells, polarizers, backlight, driver and control printed circuit board, and a flexible PCB for connection. It displays icons to control the AC setting, audio volume, and other essential vehicle information. In its imported condition this merchandise does not include any other electric components and has no components for converting video signals. |
| Reason: N/A |
| Ruling Date: Sept. 15, 2022 |
N327879: The tariff classification of a PTZ video camera from China
| HTS: 8525.89.3000, 9903.88.03, free + 25%, “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Television cameras, digital cameras and video camera recorders: Television cameras: Other.” |
| Item: The OTTICA ikan NDI 1080/60P PTZ Video Camera. This pan, tilt, and zoom Camera has a 20x zoom lens that can provide close-up video of a subject. The camera is designed to capture “real-time” video images and to transmit them to a location outside the camera, such as computers, monitors, and/or video switchers, for remote viewing or recording. The subject camera has no recording capability and cannot capture still images. |
| Reason: N/A |
| Ruling Date: Sept. 15, 2022 |
N327888: The tariff classification of hospital bed rail mounting brackets from China
| HTS: 8302.42.3065, 9903.88.15, 3.9% +7.5%, "Base metal mountings, fittings and similar articles… Other mountings, fittings and similar articles, and parts thereof: Other, suitable for furniture: Of iron or steel, of aluminum or of zinc; Other." |
| Items: Four types of mountings for hospital bed side rails made of extruded aluminum alloys. |
| Reason: N/A |
| Ruling Date: Sept. 15, 2022 |
N327901: The classification of an idler pulley from China
| HTS: 8483.50.9040, 9903.88.01, 9817.00.60, free, "Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: Flywheels and pulleys, including pulley blocks: Other: Other: Grooved pulleys." |
| Item: An idler pulley. The grooved pulley incorporates a bearing and is used in a belt system that transmits rotary motion to other components. The center hole of the pulley is designed to mount to a specific rod of a lawn mower and the groove accommodates a certain sized belt. The pulley is marketed for use with commercial and residential lawn mowers: front mounted engine riding mowers, rear mounted engine riding mowers, stand-on mowers, zero-turn mowers, and sub-compact tractors with mower deck attachments. |
| Reason: The pulley also satisfies the duty-free terms of subheading 9817.00.60. It qualifies as a part and is to be used with an article of headings 8432, 8433, 8434 or 8436. |
| Ruling Date: Sept. 15, 2022 |
N327903: The tariff classification of a garlic press from China
| HTS: 8205.51.7500, 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: other." |
| Item: A hand-held garlic press tool used in the home. The garlic press measures 7 inches long and is made of diecast zinc and nylon. It consists of two nylon comfort handles attached to a diecast zinc chamber that incorporates a small grid of holes. When in use, a clove of garlic is placed in the chamber and the two handles are squeezed together. The garlic glove is then minced through the holes in the chamber. |
| Reason: N/A |
| Ruling Date: Sept. 15, 2022 |
N327923: The tariff classification of a decorative ceramic vase from China
| HTS: 6913.90.5000, 9903.88.15, 6% + 7.5%, "Statuettes and other ornamental ceramic articles: Other: Other: Other." |
| Item: A decorative ceramic vase made of dolomite ceramic. The vase has a round white body and a white top cap with a hook. The exterior surface features a decorative design of raised dots and lines on the entire body and top cap. The importer’s catalog shows that the vase will be used to hold flowers. |
| Reason: N/A |
| Ruling Date: Sept. 15, 2022 |