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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N329078: The tariff classification of plastic video game controller grips 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: Ergonomic video game controller grips designed to slide onto the handles of a video game controller and ease the hand stress encountered from extended periods of video game play, or to aid players that may have hand disabilities. The grips will come in four sizes, small, medium, large, and extra-large. The grips are made from acrylonitrile butadiene styrene plastic and thermoplastic rubber, which is considered a plastic for classification purposes. |
| Reason: CBP considers the grips to be made wholly of plastic. |
| Ruling Date: Nov. 15, 2022 |
N329088: The tariff classification of coiled wire nails from Turkey
| HTS: 7317.00.5503, 9903.80.03, free + 25%, "Nails, tacks, drawing pins, corrugated nails, staples…and similar articles, of iron or steel, whether or not with heads of other materials, but excluding such articles with heads of copper: Other: Of one piece construction: Made of round wire …Collated nails: Other: Assembled in a wire coil: Other." |
| Item: Coiled wire nails made from round carbon steel wire. The dimension of each nail is 84 mm in length and 3.3 mm in diameter. The nails are assembled in wire coils and are meant for use with a nail gun. |
| Reason: N/A |
| Ruling Date: Nov. 15, 2022 |
N329184: The tariff classification of a woman’s blouse from Vietnam
| HTS: 6206.40.3030, 26.9%, "Women’s or girls’ blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other: Other: Women’s." |
| Item: A woman’s blouse constructed from 97% polyester and 3% spandex woven fabric. The garment features a collar, long sleeves with elasticized cuffs, a hemmed bottom, and a full front opening secured by six button closures. The front panels extend into self-fabric ties, allowing the wearer to create a partial tightening at the bottom. |
| Reason: N/A |
| Ruling Date: Nov. 15, 2022 |
N329206: The tariff classification of a neoprene paddling top from Thailand
| HTS: 6113.00.9086, 7.1%, "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Other: Other: Women’s or girls’." |
| Item: A paddling top constructed from a 3-layer laminated fabric consisting of a layer of neoprene sandwiched between two layers of 100% nylon knit fabric. The pullover garment features flatlock seams, a mock turtleneck, raglan sleeves, and a hem with an elastic drawcord for tightening. |
| Reason: N/A |
| Ruling Date: Nov. 15, 2022 |
N328764: The tariff classification and country of origin of truck bed flooring panels
| HTS: 4421.99.9880, 3.3%, "Other articles of wood: Other: Other: Other: Other: Other." |
| Item: Red oak, edge-glued, truck bed flooring panels measuring approximately 1.06m to 15.9m in length, 103mm to 350mm in width, and 28mm to 35mm in thickness. The panels are constructed of edge-glued red oak wood (a nonconiferous wood) and are continuously shaped along their edges with a shiplap profile. The backs of the panels will be coated with a black hot-melt polyurethane coating, while the panel faces will be coated with a clear, UV-cured protective coating. |
| Reason: N/A |
| Ruling Date: Nov. 14, 2022 |
N328904: The tariff classification of a planter cup paint kit from China
| HTS: 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.” |
| Item: “Paint Your Own Planter Pot,” which consists of a plastic planting cup, six small pots of paint, a paint brush, and an instructional card. The item is designed for a child to paint the cup and use it as a planter. The plastic cup is also available in four styles containing different Disney characters. The item is for children 3 years of age and older. |
| Reason: The kits do not meet the terms of heading 9503 as the principal activity involved is painting and CBP does not consider drawing, writing, coloring, or painting to have significant play value for classification purposes as a toy. |
| Ruling Date: Nov. 14, 2022 |
N329030: The tariff classification of two artificial arrangements from China
| HTS: (1) 9505.10.2500, free, “[f]estive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: other: other.” |
| (2) 6702.10.2000, 8.4%, "Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of plastics: assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods.” |
| Items: Tabletop decorations featuring sprigs of assorted artificial evergreen foliage made of plastic, polystyrene foam berries, and natural pinecones set into a polystyrene foam stand that sits within a medium density fiberboard box. (1) One box is white in color and features the printed holiday greeting “Merry White Christmas,” and (2) the other is white with silver snowflakes on it |
| Reason: The second style appears identical to the one in New York ruling N328683. |
| Ruling Date: Nov. 14, 2022 |
N328743: The tariff classification, country of origin and marking of Frozen Cleaned Squid
| HTS: 0307.43.0029, free, “Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption: Cuttlefish and squid: Frozen squid: Other: Other.” |
| Country of Origin: Argentina |
| Item: Whole, uncleaned frozen squid of Argentine origin shipped from Argentina to China. In China, the cleaning process will consist of thawing the squid, the removal of the head, tentacles, skin, cartilage, eyes, bones, and the evisceration of the body to eliminate the innards. The product will be tenderized, sorted, graded, quick-frozen, weighed, glazed, and packed. |
| Reason: The squid is not substantially transformed due to the processing in China. |
| Ruling Date: Nov. 10, 2022 |
N328802: The tariff classification of a food ingredient from Argentina
| HTS: 2106.90.7800, 10%, "Food preparations not elsewhere specified or included . . . other . . . other . . . other . . . containing over 10 percent by weight of milk solids . . . other . . . articles containing over 10 percent by dry weight of sugar ..." |
| (If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached) 2106.90.8000, 70.4¢/kg + 8.5% "Food preparations not elsewhere specified or included . . . other . . . other . . . other . . . containing over 10 percent by weight of milk solids . . . other . . . articles containing over 10 percent by dry weight of sugar ..." |
| Item: Caramel powder containing approximately 52-58% maltodextrin derived from corn, 18-22% powder whole milk, 15-17.8% sugar derived from sugar cane, and trace amounts of tricalcium phosphate, magnesium oxide, sodium chloride, and artificial flavoring. The product is said to contain approximately 18-22%, by weight, of milk solids. This material is a blend of seven raw materials that will be used as a flavoring ingredient in the manufacture of the finished dietary supplement/meal replacement product. |
| Reason: N/A |
| Ruling Date: Nov. 10, 2022 |
N329000: The country of origin of a vaporizer pod assembly
| Country of Origin: Vietnam or Malaysia, dependent upon where the atomizer is manufactured. |
| Item: A disposable e-cigarette vaporizer pod assembly. The unit is comprised of a plastic reservoir, and mouthpiece, within which is a heating element. The assembly is meant to be filled with e-liquid after importation and sold to consumers. The assembly is then added to an existing personal vaporization device, allowing the user to vaporize and inhale the liquid. We note that the subject assembly is always imported without the e-liquid. |
| Reason: The atomizer, which is the heating element of the finished product, imparts the essential functional component of the finished device. |
| Ruling Date: Nov. 10, 2022 |