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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N329035: The tariff classification of gloves from China
| HTS: 6116.10.6500, 9903.88.15, 7% + 7.5%, "Gloves, mittens and mitts, knitted or crocheted: Impregnated, coated or covered with plastics or rubber: Other: Without fourchettes: Other." |
| Item: A latex rubber-dipped, string-knit work glove stated to be constructed of 60% rubber, 40% nylon. The glove features a rubber coating on the outer surface, which covers the entire palm as well as a portion of the palm side cuff and overlaps the backside fingertips and sides of the wearer’s hands and fingers. The glove features an overlock stitch finish at the cuff bottom. The weight of the textiles is less than 50% of the weight of the glove. |
| Reason: N/A |
| Ruling Date: Nov. 21, 2022 |
N329037: The tariff classification of Trilaciclib Dihydrochloride (CAS No. 1977495-97-8) and Ruxolitinib Phosphate (CAS No. 1092939-17-7) in bulk form, from Taiwan
| HTS: 2933.59.5300, 6.5% “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (…) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Other.” |
| Item: A kinase inhibitor indicated to decrease the incidence of chemotherapy-induced myelosuppression in adult patients when administered prior to a platinum/etoposide-containing regimen or topotecan-containing regimen for extensive-stage small-cell lung cancer. |
| Reason: N/A |
| Ruling Date: Nov. 21, 2022 |
N329050: The tariff classification of seamless steel pipes from Japan
| HTS: (1) 7304.39.0068, free + 25%, "Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or nonalloy steel: other: other: other: having an outside diameter exceeding 285.8 mm but not exceeding 406.4 mm: having a wall thickness of 12.7 mm or more but less than 19 mm." |
| (2) 7304.59.8065, free + 25%, "Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of other alloy steel: other: other: other: other: having an outside diameter exceeding 285.8 mm but not exceeding 406.4 mm: having a wall thickness of 12.7 mm or more but less than 19 mm." |
| Items: (1) A seamless steel pipe of circular cross section, made of alloy steel. (2) A seamless steel pipe of circular cross section, made of nonalloy steel. Both products are designed for geothermal applications and are produced to American Petroleum Institute standard API 5CT, grade L80 Type 1. The pipes are buried, not drilled, into the ground and will be used to produce lithium brine in geothermal wells. The pipes are not permanent and can be reused in other wells. Both pipes have an outside diameter of 16 inches and a wall thickness of 16.66 mm. Neither is cold-drawn or cold-reduced. |
| Reason: While manufactured to API 5CT specifications, the pipes are not intended to be used for drilling in the oil or gas industry, but instead will be used in the production of lithium brine, and therefore should be classified as other pipes or tubes. |
| Ruling Date: Nov. 21, 2022 |
N329056: The tariff classification of a repeater from China
| HTS: 8525.60.2000, 9903.88.01, free + 25%, “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatuses: Other: Transmission apparatus incorporating reception apparatus." |
| Item: A land mobile transmitter/receiver that is used as a radio repeater to extend the range of mobile and portable radios. Moreover, this device receives radio signals on one frequency and re-transmits them on another. This repeater works with any mobile and portable land mobile two-way radios (LMR) that are capable of operation in analog FM and/or digital mobile radio (DMR). |
| Reason: N/A |
| Ruling Date: Nov. 21, 2022 |
N329072: The tariff classification of a 3-piece planter/plant stand set from China
| HTS: 9403.60.8081, 9903.88.03, free + 25%, "Other furniture and parts thereof: Other wooden furniture: Other: Other.” |
| Item: A set of three pots and three correspondingly sized plant stands that will be used to grow and display houseplants. Each cylindrical pot is made of powder-coated steel and has a drain hole sealed with a rubber stopper. The three pots are white and the three plant stands are unpainted wooden dowels. The three pots and three plant stands are nested for shipment in a single box. The artwork on the retail box depicts them with houseplants positioned on the ground in a home. |
| Reason: N/A |
| Ruling Date: Nov. 21, 2022 |
N329109: The tariff classification of a steel wall-mounted rack from China
| HTS: 8302.50.0000, 9903.88.03, free + 25%, "Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; …: Hat-racks, hat pegs, brackets and similar fixtures, and parts thereof." |
| Item: An 8-Spool Ribbon Dispenser. This item is a steel wire rack that can be mounted on the wall or on the neck of a helium tank. It is used to hang spools of ribbon so the ribbon can be conveniently reached to tie to a filled helium balloon. The dispenser includes two permanently attached wall hanging plates and a steel wire attachment that allows the rack to hang from any size tank. The rack measures approximately 20.5 inches long. Four U-shaped wires are attached horizontally to the spine of the rack that function to hold the spools of ribbon. Ribbons feed up from the center of the dispenser to a metal plate with individual guide holes. |
| Reason: N/A |
| Ruling Date: Nov. 21, 2022 |
N329172: The tariff classification of a sound/speaker bar from China
| HTS: 8708.29.5160, 9903.88.03, 2.%% + 25%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories of bodies (including cabs): Other: Other: Other.” |
| Item: Components used to make a sound/speaker bar housing designed to be used in All Terrain Vehicles and the like. As an assembled unit, they are bolted to the underside of the roof of the vehicle. They hold four speakers, a light and a head unit when assembled. The components are made of acrylonitrile styrene acrylate plastic. The components are imported with no electronics in them until after they arrive. |
| Reason: N/A |
| Ruling Date: Nov. 21, 2022 |
N329193: The tariff classification of an I-Beam Trolley Anchorage Connector from China
| HTS: 7616.99.5190, 9903.88.03, 2.5% + 25%, "Other articles of aluminum, other…other." |
| Item: An I-beam Trolley comprised of an aluminum cross bar, aluminum rollers, polyester webbing, steel swivel, and steel fasteners/hardware. The primary component of the item is the aluminum material of which the rollers and cross bar are comprised. The aluminum cross bar connects the two sides of the aluminum roller assemblies and provides the connection point for the webbing. The aluminum rollers are secured on both sides of the I-beam, which allows for the horizontal movement of the trolley. The polyester webbing is wrapped around the aluminum cross bar and connects to the steel swivel of which the operator must secure themselves to, using a lifeline harness assembly that is imported and sold separately. The Beam Trolley is intended to function as a mobile anchorage point in the fall protection industry. |
| Reason: The article does not perform a mechanical function and is not a machine for tariff purposes. The subject article contains a set of wheels and attaches to a static horizontal I-beam. The Beam Trolly Anchorage includes a short nylon strap connected to an aluminum D-Ring, which provides a mobile anchorage point and prevents a tethered worker from falling. The worker must manually pull the unpowered trolly along the static beam, and the device performs no “work” outside of itself. |
| Ruling Date: Nov. 21, 2022 |
N329196: The tariff classification of Agropotasion fertilizer from Spain
| HTS: 3105.90.0050, free, "Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Other; Other." |
| Item: A liquid fertilizer, containing soluble potash, intended for foliar application on all crops, including vegetables, wood crops, citrus, and ornamentals. The product will be used to improve fruit size during fruit production and may improve water uptake within plants. The subject product contains 20% water-soluble potassium as the main constituent ingredient, which is derived from potassium hydroxide. Agropotasion fertilizer will be imported in 5.28-gallon buckets. |
| Reason: N/A |
| Ruling Date: Nov. 21, 2022 |
N329208: The tariff classification of a cleaning brush from China
| HTS: 9603.90.8050, 9903.88.15, 2.8% + 7.5%, “Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): [o]ther: [o]ther: [o]ther.” |
| Item: A brush designed for cleaning a personal electric shaver after use. The handle is made of acrylonitrile butadiene styrene plastic, and the bristles are made of a polypropylene material. A staple made of galvanized steel wire holds the bristles inside the handle. |
| Reason: The brush is not intended for use on the person, nor would it constitute a part of the electric shaving appliance. |
| Ruling Date: Nov. 21, 2022 |