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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N328944: The tariff classification of a plastic pipette 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: other: other: other.” |
| Item: A plastic pipette used to draw up liquid and eject it. The size will vary from three inches to eight inches in length. The pipette does not include any internal components and is not attached to any external components. Per your correspondence, the pipette will not be used in a laboratory environment but is intended for general usage. |
| Reason: N/A |
| Ruling Date: Nov. 8, 2022 |
N328733: The tariff classification of pasta from Slovenia
| HTS: (when subject to the Inward Processing Regime) 1902.19.2010, free, "Pasta, whether or not cooked or stuffed … uncooked pasta, not stuffed or otherwise prepared … other … exclusively pasta … product of a European Union (EU) country … subject to the Inward Processing Regime (IPR)." |
| (when subject to the EU reduced export refund in accordance with the US-EU Pasta agreement) 1902.19.2020 or 1902.19.2030, free, "Pasta, whether or not cooked or stuffed … uncooked pasta, not stuffed or otherwise prepared … other … exclusively pasta … product of a European Union (EU) country." |
| Item: Organic vegan pasta in a variety of shapes and sizes. The products have a high protein content that is suitable for athletes or anyone who avoids gluten or is gluten intolerant. The first product, “Red Lentils Fusilli,” contains organic red lentil flour. The second product, “Green Peas Fusilli,” contains organic green pea flour. The third product, “Black Beans Fusilli,” contains organic black bean flour. The fourth product, “Buckwheat Flowers,” contains buckwheat flour. The fifth product, “Spelt Fusilli,” contains wholemeal spelt flour and spelt flour. |
| Reason: N/A |
| Ruling Date: Nov. 7, 2022 |
N328761: The tariff classification of footwear from China
| HTS: 6403.59.9045, 9903.88.15, 10% + 7.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear with outer soles of leather: other: other: other: for other persons: for women: other. " |
| Item: A woman’s open-toe, open-back, high-heel sandal. It does not cover the ankle. The upper straps are made of 100 percent leather and are embossed to resemble snakeskin. One strap is secured on either side of the toes. Two straps cross the top of the foot where one originates at the arch and is secured between the first and second toes and the other to the medial side of the foot. Two straps originating on either side of the heel, cross in back of the heel, surround the lower leg, and are secured on the lateral side with a metal buckle. The leather outer sole incorporates an attached plastic heel with a heel lift. |
| Reason: N/A |
| Ruling Date: Nov. 7, 2022 |
N329026: The tariff classification of erasers and sharpeners from China
| HTS: 3926.10.0000, 5.3%, “Office or school supplies,” of plastic. The rate of duty will be 5.3 percent ad valorem. |
| Items: Two small, avocado-shaped erasers made of thermoplastic rubber packaged with one larger eraser/pencil sharpener. The eraser/sharpener combines a plastic case that houses an avocado pit-shaped eraser and a non-mechanical pencil sharpener. Per your submitted figures, the eraser portion predominates by both value and weight in the combination eraser/sharpener. A combination eraser/pencil sharpener. The scented erasers are made of TPR material using an injection process and are shaped to look like the top of a juice box with attached straw. A molded plastic case houses the eraser exposed at one end and a non-mechanical pencil sharpener inside the other end, accessible by a hole in the bottom of the case. The eraser portion predominates by both value and weight in this combination eraser/sharpener. Each eraser/sharpener will be individually packaged in a small, printed poly bag. |
| Reason: The erasers are made of a thermoplastic rubber, which does generally not meet the tariff definition of synthetic rubber and are instead classified as plastics. |
| Ruling Date: Nov. 7, 2022 |
N326486: The tariff classification of baskets from Vietnam
| HTS: (1) 4602.19.1800, 5609.00.3000, “Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601… Other: Other baskets and bags, whether or not lined: Other: Other.” |
| (2) 5609.00.3000, 4.5% “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fiber.” |
| Items: Decorative storage baskets designed and intended for use in the home. (1) An open top, round-shaped basket is composed of 100 percent polypropylene nonwoven fabric sheathed with a 68.5 percent polyester and 31.5 percent cotton polyester braided rope. The front of the basket features a bunny face composed of two round black felt eyes, a heart shaped pink felt nose, 100 percent polyester black yarn whiskers and mouth, and painted pink cheeks. According to the U.S. Customs and Border Protection (CBP) laboratory analysis, the average decitex of the rope is 213,200 and the overall fiber content of the basket is 61.5 percent polypropylene, 26.4 percent polyester, and 12.1 percent cotton. (2) An open top, round- shaped basket is composed of two components. The bottom and lower portion of the basket is constructed of brown braided flattened water hyacinth stalks. The upper portion of the basket is composed of polypropylene nonwoven fabric strips sheathed with cotton and polyester blended, dyed white, yarns. The basket is constructed by winding the braided ropes and sewing each layer of rope together. The decitex of the textile rope is 210,101.90 and the vegetable rope is 178,724.10 decitex. The overall external surface area of the basket is 41 percent textile rope and 59 percent vegetable rope. |
| Reason: (2) The braids of water hyacinth meet the definition of plaiting materials. |
| Ruling Date: Nov. 4, 2022 |
N328691: The tariff classification of Ciprofloxacin HCL/Dexamethasone Otic Suspension in dosage form, from India
| HTS: 3004.32.0000, 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, containing hormones or other products of heading 2937: Containing corticosteroid hormones, their derivatives or structural analogues.” |
| Item: Ciprofloxacin HCL and Dexamethasone Otic Suspension is a combination medicinal preparation containing Ciprofloxacin Hydrochloride (antibacterial drug) and Dexamethasone (corticosteroid), as the active ingredients. It is indicated for the treatment of ear infections, such as acute otitis media (AOM) and acute otitis externa (AOE). |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |
N328692: The tariff classification of Azacitidine Injection in dosage form, from India
| HTS: 3004.90.9215, 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: Antineoplastic and immunosuppressive medicaments." |
| Item: Azacitidine Injection, imported in 100 mg vials packed for retail sale, is an antineoplastic agent. It is indicated for the treatment of myelodysplastic syndrome subtypes including refractory anemia or refractory anemia with ringed sideroblasts, refractory anemia with excess blasts, refractory anemia with excess blasts in transformation, and chronic myelomonocytic leukemia. |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |
N328706: The tariff classification of rock-climbing footwear from China
| HTS: 6404.19.9060, 9903.88.15, 9% + 7.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: other: other: valued over $12.00/pair: for women." |
| Item: A unisex rock-climbing shoe that does not cover the ankle and has two straps with hook and loop closures to secure the shoe to the foot. The external surface area of the upper is composed of rubber/plastics and textile. The esau excluding accessories/reinforcements is 50.5 percent textile and 49.5 percent rubber/plastics. Therefore, the constituent material of the upper is predominantly textile. The uniquely designed outer sole is made of rubber or plastics. The F.O.B. value is $18 per pair. |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |
N328750: The tariff classification of Clorazepate Dipotassium Tablets in dosage form, from Israel
| HTS: 3004.90.9230, 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: Medicaments primarily affecting the central nervous system: Anticonvulsants, hypnotics and sedatives.” |
| Item: Clorazepate Dipotassium, imported in 3.75 mg, 7.5 mg, and 15 mg tablets, is in a class of medications called benzodiazepines. It is indicated for the management of anxiety disorders, partial seizures, and alcohol withdrawal. |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |
N328751: The tariff classification of Memantine Hydrochloride Tablets in dosage form, from India
| HTS: 3004.90.9240, 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: Medicaments primarily affecting the central nervous system: Other.” |
| Item: Memantine Hydrochloride, imported in 5 mg and 10 mg tablets, is an orally active NMDA receptor antagonist. It is indicated for the treatment of moderate to severe dementia of the Alzheimer's type. |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |