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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N328439: The tariff classification of stationary exercise bicycle parts from China
| HTS: 9506.91.0010, 9903.88.15, 4.6% + 7.5%, "Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof, exercise cycles." |
| Items: (1) A 13GA, 2.278 mm thick hot rolled pickled and oiled steel sheet and is bent along its width 4 times to form a “C” shape with rounded corners. The finished part also contains punched hex holes and a powder coat finish. The article is advanced well beyond a basic steel product. The front foot is attached to the exercise bicycle with four stainless steel button head screws. The purpose of this object is to carry the weight of the exercise machine as well as the weight of the user. The front foot was designed exclusively for the Concept2 Ergometer to maximize its stability. (2) An assembly comprised of a left and right foot caster assembly, and fasteners. The foot caster assemblies each include a foot caster housing made of 10% glass filled polypropylene, and a large hard rubber wheel, held together with a stainless-steel retaining clip and clevis pin. These foot caster assemblies are installed on the ends of part 7165 to form the completed part 2465, which will be imported in assembled condition. This unit is designed solely for use with Concept2 equipment. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2022 |
N328470: The tariff classification of crank bolts from Canada
| HTS: 7318.19.0000,5.7%, "Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other." |
| Item: Crank bolts made of aluminum with externally threaded fastener with a recessed drive head, and includes a steel washer. The crank bolt is used to secure the crank to the axle (spindle) of the bottom bracket (BB) on a bicycle. |
| Reason: These crank bolts are used to fasten the crank to the axle, and while used on bicycles, are provided for elsewhere in the nomenclature. Therefore, classification in Chapter 87 is excluded. |
| Ruling Date: Oct. 24, 2022 |
N328538: The tariff classification of footwear from China
| HTS: 6402.99.3165, 6%, "Other 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 (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather: other: other: other: for women: other." |
| Item: An open toe/open heel, thong sandal. The “V” shaped strap upper consists of a single molded piece of polyvinyl chloride rubber or plastics. The rubber/plastic PVC contoured outer sole is molded and has a small heel. The upper is secured to the outer sole with plugs at the end of each strap and thong and penetrating the outer sole. The F.O.B. value is $3.00 per pair. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2022 |
N328552: The tariff classification of the Onyfix Nail Correction System from Germany
| HTS: 3824.99.9397, 5%, "Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other." |
| Item: The Onyfix Nail Correction System, used in the treatment of curved and ingrown toenails. The system consists of three substances identified as “Onyfix Primer,” “Onyfix Soft,” and “Onyfix Hard.” It also contains a metal spatula, disposable plastic cannula heads, cotton applicators, and a LED blue light to polymerize the composite after it has been applied to the toenail. The system is intended to be used by trained professionals such as physicians, medical professionals, and esthetic nail technicians and that representatives of Beauty Garden CA would be providing such training. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2022 |
N328585: The tariff classification of textile baskets from China
| HTS: 5609.00.1000, 9403.89.6015, 9903.88.03, free + 25%, “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of cotton.” |
| Item: A decorative storage basket designed and intended for use in the home. The open top, oval shaped basket is composed of a 100 percent polyester nonwoven fabric sheathed with a 100 percent cotton braided yarn. The basket is constructed by winding a 3/8-inch diameter braided coil and sewing each coil together. The item features two slit handles. The basket is available in four different sizes. The basket is imported, in bulk, into the U.S. to be fitted with a liner and sold as a set. The basket will not be sold separately. |
| Reason: The “Basket-XL” is within the meaning of furniture as defined by the ENs to Chapter 94 of the HTSUS, and is therefore classifiable within heading 9403. |
| Ruling Date: Oct. 24, 2022 |
N328705: The tariff classification of women’s blouses from Guatemala, El Salvador, and Sri Lanka
| HTS: (1)(2)(3) 6106.20.2010, 32%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of man-made fibers: Other: Women’s." |
| (4) 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Items: Four styles of womens' blouses composed of 100 percent cotton, knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions.(1) The loose-fitting sleeveless garment extends from the shoulders to below the waist and features a crew neckline, forward shoulder seams, a large contrasting color screen print logo with horizontal stripes on the chest, small contrasting color printed letters on the left front panel above the hem, and a small screen print logo on the back panel below the neckline and a straight, hemmed bottom. (2) The garment extends from the shoulders to below the waist and features a crew neckline, short, hemmed sleeves, a contrasting color screen print logo on the left chest, small contrasting color printed letters on the outer left sleeve, pieced construction at the top portion of the back panel and at the undersleeves that feature flatlock stitching at the seams, a reflective vertical stripe at the center upper back, and a straight, hemmed bottom. (3) The garment extends from the shoulders to below the waist and features a crew neckline, short, hemmed sleeves, a small contrasting color screen print logo on the left sleeve, small contrasting color printed letters on the left front panel above the hem, and a straight, hemmed bottom. (4) The garment extends from the shoulders to below the waist and features a rib knit crew neckline, long sleeves with rib knit cuffs, a contrasting color screen print logo on the outer left sleeve, an all-over print design, and a hemmed bottom with a slightly longer curved back panel. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2022 |
N328798: The tariff classification of a decorative wreath from China
| HTS: 4602.19.6000, 9903.88.03, free + 25%, “Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Of vegetable materials: Other: Other: Other: Wickerwork.” The wreath constitutes wickerwork, which is commonly defined as products made of flexible, vegetable twigs or rods, in contrast to strips, filaments, parts of leaves, etc." |
| Item: A decorative door wreath measuring approximately 18 inches in diameter. The underlying circular wreath form is fashioned from bundled dried vine (Vinifera) wrapped with wire. Sprays of twig-like vine radiate outward from the sides of the form and are visible from the front and sides of the wreath. The face of the wreath is decorated with pinecones and various artificial foliage, including pine branches, feathery evergreen sprigs, Eucalyptus sprigs, and clusters of tiny white berries. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2022 |
N328402: The country of origin of Prochlorperazine Maleate Tablets
| Country of Origin: Italy |
| Item: Prochlorperazine Maleate, imported in 5 mg and 10 mg tablets, is an antipsychotic drug. It is indicated for the short-term treatment of generalized non-psychotic anxiety. Prochlorperazine Maleate is also used to control severe nausea and vomiting. |
| Reason: The mixing of the active ingredient Prochlorperazine Maleate (made in Italy) with the inactive ingredients into the final dosage tablets in India does not result in a substantial transformation |
| Ruling Date: Oct. 21, 2022 |
N328441: The tariff classification of Printed Circuit Board Assemblies from China
| HTS: (1) 8537.10.9170, 9903.88.03, 2.7% + 25%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a collage not exceeding 1,000 V: Other: Other: Other.” |
| (2) 8538.90.3000, 9903.88.03, 3.5% + 25%, “Parts suitable for use solely or principally with the apparatus of heading 8535, 8537 or 8537: Other: Printed circuit assemblies: Other.” |
| (3) 8543.70.4500, 9903.88.02, 2.6% + 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other.” |
| Items: (1) A printed circuit board having terminal blocks, resistors, inductors, diodes, microprocessors, a switching regulator, a switch, a fuse, connectors, and more. The subject PCBA is incorporated into an air velocity transmitter for HVAC Systems. The subject PCBA is said to be designed for a voltage not exceeding 1,000V. (2) A printed circuit board mounted with electrical components such as resistors, diodes, transistors, capacitors, a heatsink compound and opto-triacs. The subject PCBA is used in a temperature limit control device, which controls the temperature of the gas fired heaters, such as on and off functions. The PCBA is designed for a voltage not exceeding 1,000V. (3) A printed circuit board containing electrical components such as hall chip, hall sensor, capacitors, a ferrite bead, diode, connectors, contact and tubing. The subject PCBA is said to detect the position of an internal joystick magnet, which you describe as a position sensor. Based on the information provided, the PCBA can be incorporated in various types of joysticks, such as joysticks that have electrical switches on the thumb and palms, and also joysticks without switches. However, PCBA does not provide a function of electrical control or the distribution of electricity. |
| Reason: Item (3) is not of a kind solely or principally used in a joystick controller of heading 8537. |
| Ruling Date: Oct. 21, 2022 |
N328450: The tariff classification of Eltrombopag Olamine (CAS No. 496775-62-3) in bulk form, from Taiwan
| HTS: 2933.19.3500, free, “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyrazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: Other: Drugs.” |
| Item: Eltrombopag Olamine is a thrombopoietin receptor agonist indicated for the treatment of thrombocytopenia in patients with chronic immune (idiopathic) thrombocytopenic purpura, thrombocytopenia in patients with chronic hepatitis C, and patients with severe aplastic anemia. |
| Reason: N/A |
| Ruling Date: Oct. 21, 2022 |