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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N329471: The tariff classification of a mixture used in the manufacture of beverages from Belgium
| 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: A chemical mixture that will be used in the manufacture of beverages. Additive B is a processing aid which does not give the finished beverage any nutritional qualities or improve its other characteristics. |
| Reason: N/A |
| Ruling Date: Dec. 1, 2022 |
N329551: The tariff classification of wooden décor from China
| HTS: 4911.91.3000, free, “Other printed matter… Other pictures, designs and photographs: Printed not over 20 years at the time of importation: Other: Lithographs on paper or paperboard: Over 0.51 mm in thickness. |
| Item: A spooky tabletop decoration depicting a spinning eye. A base of pine wood and iron holds a circular ring of iron in a vertical orientation on top. Mounted on two opposite sides within the ring is a round disc of medium density fiberboard. A piece of lithographically printed paper is glued to both sides of the MDF depicting an open eye. The disc with eye is designed to spin within the iron frame to create an eerie hypnotic effect. |
| Reason: The item displays no recognized festive motif. A depiction of an ordinary human eye has no connection to any particular holiday and would not be classified in Chapter 95 as a festive (Halloween) article. |
| Ruling Date: Dec. 1, 2022 |
N329106: Country of origin and marking determination for tents
| Country of Origin: South Korea |
| Items: 2-person outdoor folding tents composed of manmade textile materials. The tent is imported together with a stuff sack that houses the tent, rainfly, poles, and stakes. |
| Reason: The country of origin is conferred by the single country in which the woven fabric comprising the tent was formed by the fabric-making process. |
| Ruling Date: Nov. 30, 2022 |
N329181: 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 is rubber or plastics: Other: Other: Other: For women: Other." |
| Item: A woman's molded clog. It has a closed toe, an open heel, and does not cover the ankle. The external surface area of the upper and outer sole consists of rubber or plastics. The clog is completely lined with faux fur material that is sewn-in around the topline. In addition to an open heel, the medial side of the shoe has a large oval-shaped hole that would preclude this style from being considered waterproof. |
| Reason: N/A |
| Ruling Date: Nov. 30 2022 |
N329217: The tariff classification of footwear from Italy
| HTS: 6405.90.9060, 12.5%, "Other footwear: other: other: other." |
| Item: A woman’s fashion high heeled boot with a closed pointed toe and a closed heel. It covers the ankle, the knee, and part of the thigh. The upper material consists of Polyethylene rubber/plastics on a cotton base and covered with rubber/plastic glitter. The rubber/plastic glitter completely obscures the material underneath and is the constituent material of the upper. The boot has elastic gore on the medial side at the top of the shaft. The boots are lined with goat skin. The external surface area of the outer sole is 100 percent cow’s leather. The stated F.O.B. value is $367.40 per pair. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2022 |
N329218: The tariff classification of footwear from Indonesia
| HTS: 6402.91.5050, 37.5%, "Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Covering the ankle: Other: Other: 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: For women: Other." |
| Item: A closed toe/closed heel, above-the-ankle boot is designed to be protective against wet weather. The external surface area of the upper consists of over 90 percent rubber or plastics materials. The medial side zipper functions to allow the wearer to get in and out of the boot. The lining is made of 100 percent neoprene material. There is textile edging at the topline. The tall, large lug style outer sole unit is composed of 100 percent rubber. An F.O.B value of $116.66 per pair was provided. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2022 |
N329266: The country of origin of jumper cables
| Country of Origin: Indonesia |
| Item: Jumper cables. The cables are 8 feet in length and comprised of insulated copper-clad aluminum wire affixed at each end with electrical clamps. The cables are used to connect automotive batteries in order to recharge those with low power. |
| Reason: The twisting and insulation of the individual wires is a substantial transformation that changes the name, character, and use of the Chinese wires. |
| Ruling Date: Nov. 30, 2022 |
N329268: The tariff classification of Chocolate Bars from Switzerland
| HTS: 1806.32.3000, 4.3%, "Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: Other." |
| Items: Two chocolate bars: Swiss Dark Chocolate with 30% Whole Hazelnut Bar and Swiss Milk Chocolate with 30% Whole Hazelnut Bar. The chocolate bars are packaged for retail sale with a net weight of 7.05 ounces and sold under the brand name “Trader Joe’s”. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2022 |
N329307: The Tariff Classification and Country of Origin of Frozen 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: Cuttlefish and squid: Frozen: Squid: Other: Other.” |
| Country of Origin: India or Pakistan |
| Item: Whole, uncleaned, and frozen squid of Indian or Pakistani origin. The squid is shipped to China where it is thawed, separated, cleaned, gutted, deboned, skinned, and graded. The squid will then be cut into tubes, tentacles, and rings, subjected to immersion cleaning, weighed, placed on trays, quick frozen, packed and shipped to the U.S. |
| Reason: The squid is not substantially transformed due to processing that is performed in China. |
| Ruling Date: Nov. 30, 2022 |
N329476: The tariff classification of printed scenes and accompanying stickers from Malaysia
| HTS: 4911.91.4040, free, “Other printed matter… Other pictures, designs and photographs: Printed not over 20 years at the time of importation: Other: Other: Other. |
| Items: Sets of printed scenes packaged together with accompanying stickers used to embellish and complete the scene. “In the Forest,” consists of twelve sheets of printed scenes and twelve sheets of stickers. The sheets are digitally printed with forest scenes of trees, plants, animals, and insects. Each scene includes grayed-out shapes that match to stickers provided on its corresponding sticker sheets. For example, the child peels off the fox sticker and places it in the specifically shaped area on the forest scene to accept the fox. The scenes are single-use, as the stickers cannot be removed and replaced. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2022 |