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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N329213: The tariff classification of footwear from Italy
| HTS: 6402.99.9065, 20%, "Footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: other: other: valued over $12/pair: other: for women." |
| Item: A woman’s, closed toe/closed heel, below-the-ankle, lace-up style sneaker. The external surface area of the upper (esau) is made up of textile material covered with rubber/plastics glitter which completely obscures the material beneath. The rubber/plastics will be the constituent material of the esau. The upper has a lace threaded through four eyelets on both sides of a separately attached tongue. The lace is used to secure the shoe to the foot. The inner sole is made of Ethylene-vinyl acetate (EVA) and the upper has a nylon mesh lining. The outer sole is composed of rubber or plastics. The sample was physically examined by cross-cutting. The molded outer sole overlaps the upper by ¼ inch which constitutes a foxing-like band. The F.O.B. value is $165.00 per pair. |
| Reason: N/A |
| Ruling Date: Nov. 17, 2022 |
N329234: The tariff classification of footwear from Vietnam or China
| HTS: 6404.19.3960, 9903.88.15, 37.5% + 7.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear of subheading 6404.19.20 and except footwear having a foxing or foxing-like band wholly or almost wholly of rubber or plastics applied or molded at the sole and overlapping the upper: other: other: other: for women." |
| Item: A unisex, closed-toe/closed-heel, below-the-ankle, slip-on shoe. The external surface area of the upper consists of quilted textile material with textile edging. The upper has textile gore on either side of the ankle toward the heel. It is lined with plush textile over the top and sides of the foot. The outer sole unit consists of hard rubber/plastics adhered to a foamed rubber/plastics midsole on the external surface that comes in contact with the ground. The footbed is not lined and the shoe is not considered protective. The upper is removeable/attachable via a plastic tube-in-track/channel system. A hard plastic “track” is affixed to a groove encircling the midsole. The user feeds a flexible plastic tube measuring approximately 1/8th inch in diameter through a channel around the perimeter of the upper and into the track. Once the tube reaches the internal stop, the upper is attached. Although the upper can be attached to the outer sole, the system of a tube within a track is not “like” a foxing or foxing-like band described in TD 83-116. The F.O.B. value is between $20 and $35 per pair. |
| Reason: N/A |
| Ruling Date: Nov. 17, 2022 |
N329283: The tariff classification of a polypropylene broom organizer shelf from China
| HTS: 3925.90.0000, 9903.88.03, 5.3% + 25%, "Builders’ ware of plastics, not elsewhere specified or included: other." |
| Item: A broom organizer shelf. It is composed of one hundred percent polypropylene with a double-sided adhesive back. The organizer consists of a shelf, two hanging slots to hold larger items and four hooks to hold smaller items. The shelf will be permanently mounted to a wall using double-sided adhesive, without making holes in the wall. |
| Reason: N/A |
| Ruling Date: Nov. 17, 2022 |
N326026: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of women’s trousers
| HTS: 6204.63.9010; 9903.88.15, 28.6% + 7.5%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Trousers and breeches: Women’s." |
| DR-CAFTA Eligibility: Ineligible |
| Items: (1) pair of women’s trousers constructed from 63.5% polyester, 32.2% rayon, 4.3% elastomeric. The pull-on trousers feature a partial elasticized waistband, two slant side seam pockets, and hemmed leg openings. (2) pair of women’s trousers are constructed from 62.1% polyester, 33.3% rayon, 4.6% elastomeric. The pull-on trousers feature a partial elasticized waistband, two slant side seam pockets, and hemmed leg openings. (3) A pair of women’s trousers constructed from 72.4% polyester, 21.7% rayon, 5.9% elastomeric. The pull-on trousers feature a partial elasticized waistband, two slant side seam pockets, and hemmed leg openings. (4) A pair of women’s trousers which are constructed from 59.3% polyester, 34.7% rayon, 6.0% elastomeric. The pull-on trousers feature a partial elasticized waistband, two slant side seam pockets, and hemmed leg openings. (5) A pair of women’s trousers which are constructed from 62.5% polyester, 32.7% rayon, 4.8% elastomeric. The pull-on trousers feature a partial elasticized waistband, two slant side seam pockets, and hemmed leg openings. |
| Reason: The length of the staple fibers was found to be outside of the requirements of General Note 29(m)(viii)(B)(1). |
| Ruling Date: Nov. 16, 2022 |
N328937: The tariff classification of Penicillin G Potassium for Injection in dosage form, from Italy
| HTS: 3004.10.1020, 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: Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives: Containing penicillin G salts: Other: Singles.” |
| Item: Penicillin G Potassium for Injection, imported in 20 mmu/100 mL vials, is the potassium salt form of penicillin G, a broad-spectrum penicillin antibiotic. It is indicated for the treatment of serious infections caused by susceptible strains of the designated microorganisms causing septicemia, empyema, pneumonia, pericarditis, endocarditis, meningitis, anthrax, actinomycosis, botulism, diphtheria, erysipelothrix, endocarditis and fusospirochetosis. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N328951: The tariff classification of Micafungin Sodium for Injection in dosage form, from Malta
| HTS: 3004.20.0060, 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 antibiotics: Other: Other.” |
| Item: Micafungin Sodium for Injection, imported in 50 mg and 100 mg vials, is an antifungal medication containing Micafungin Sodium, as the active ingredient. It is indicated for the treatment of Candidemia, Acute Disseminated Candidiasis, Candida Peritonitis and Abscesses in adult and pediatric patients. It is also used for the prophylaxis of Candida infections during stem cell transplantation. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N328955: The tariff classification of Vilazodone Hydrochloride Tablets in dosage form, from India
| HTS: 3004.90.9235, 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: Antidepressants, tranquilizers, and other psychotherapeutic agents.” |
| Item: Vilazodone Hydrochloride, imported in 10 mg, 20 mg, and 40 mg tablets, is a selective serotonin reuptake inhibitor and a 5-HT1A receptor partial agonist. It is indicated for the treatment of major depressive disorder (MDD) in adults. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N328997: The country of origin and marking of loudspeakers
| Country of Origin: (1) Vietnam, (2), (3) Indonesia |
| Items: Three different types of loudspeakers. (1) All weather outdoor loudspeakers with drivers, tweeters, and power port bass venting. The speakers are produced in Vietnam from Chinese and Vietnamese components. The main components such as tweeter, woofer, crossover are manufactured and assembled in Vietnam using the Chinese components. (2) Hi-Res Audio Certified and Dolby Atmos compatible loudspeakers. These speakers consist of three floor-standing tower speakers, two center channel speakers, two bookshelf models and a wall-mountable surround speaker well suited for height channels in an immersive surround system. This speaker system is manufactured in Indonesia using components sourced from China and Indonesia. The main components such as tweeter, woofer, Crossover are assembled in Indonesia using Chinese components. (3) Premium vehicle speakers with IP56 waterproof rating and Marine certification. They are used in automobiles, motorcycles, boats, and ATVs. These speakers consist of several key components such as a tweeter, woofer, crossover which are manufactured and assembled in Indonesia using components of Chinese origin. |
| Reason: the manufacturing process that takes place in Vietnam and Indonesia substantially transform the parts and components of Chinese origin. |
| Ruling Date: Nov. 16, 2022 |
N328998: The tariff classification of jewelry from China
| HTS: 7117.19.9000, 9903.88.15, 11% + 7.5%, “Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” |
| Items: (1) A base metal bracelet with seven base metal and enamel charms approximately 2 cm in size. The bracelet and charms are packaged separately in 7 small cardboard boxes that are contained inside a large cardboard box. (2) A base metal necklace with seven base metal and enamel charms approximately 2 cm in size. The necklace and charms are packaged separately in 7 small cardboard boxes that are contained inside a large cardboard box. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N329048: The tariff classification of electric motors from Germany
| HTS: (1) 8501.53.8060, 2.8%, “Electric motors…: Other AC motors, multi-phase: Of an output exceeding 75kW: Other: Other.” |
| (2) 8501.53.8040, H2.8%, “Electric motors…: Other AC motors, multi-phase: Of an output exceeding 75kW: Other: Not exceeding 373 kW.” |
| Item: (1) The Beam E-Axle Electric Drive Motor Assembly, which consists of a 375 kW electric motor, a gearbox, and an inverter. The gearbox and the inverter are physically incorporated into the motor assembly, where the gearbox converts the rotational force of the motor into applied propulsion for the vehicle. (2) The X83F E-Axle Electric Drive Motor Assembly, which consists of a 200 kW electric motor, a gearbox, and an inverter. The gearbox and the inverter as being physically incorporated into the motor assembly. Both the Beam Motor and the X83F Motor utilize DC and AC current to function, but it is the converted AC current that is applied to the motor’s stator which produces the rotational torque for each of the subject motors. |
| Reason: The inverter performs multiple functions, such as converting vehicle DC current into AC current for motor operation, electrical control of the motor, communication with vehicle electrical systems, and converting the AC current produced from the axle into DC current to charge the vehicle batteries. |
| Ruling Date: Nov. 16, 2022 |