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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N329348: The tariff classification of a backpack from Cambodia
| HTS: 4202.92.3120, 17.6%, "Travel, sports, and similar bags, with outer surface of textile materials, of man-made fibers, backpacks." |
| Item: A backpack. It is constructed of 100% polyester, which is a man-made material. The article is designed to provide storage, protection, portability, and organization to personal effects during travel. It features a zippered closure and one mesh pocket on each side. The front features a zippered pocket. The back of the pack has two straps that allow the user to wear it over the shoulders on the back. The article measures approximately 20” H x 13” W (bottom), 11.75” W (top) x 7” D. |
| Reason: N/A |
| Ruling Date: Dec. 5, 2022 |
N329380: The tariff classification of sponges from China
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: Two-layered sponges used for general cleaning purposes. Side “A” consists of a cellulose sponge, dyed yellow, with a thickness of 9/16 inches. Side “B” is composed of a 100% nylon nonwoven, dyed green, mesh fabric with a thickness of 3/16 inches. The two layers are glued together. The completed rectangular shaped sponge measures 4 ½ inches in length by 2 ½ inches in width by ¾ inches in height. The sponge will be sold in packages of three. |
| Reason: Sponges of these materials and construction are not commonly recognizable as “cloths,” therefore, these items are not classified under subheading 6307.10 |
| Ruling Date: Dec. 5, 2022 |
N329432: The country of origin determination of a robotic vacuum cleaner from China
| Country of Origin: China |
| Item: A Wi-Fi connected mapping and navigating vacuum robot cleaner used to clean floors and designed for domestic use. Each unit is sold in a single package together with its corresponding accessories for retail sale. The vacuum cleaner’s accessories include a rechargeable battery, a bin filter, an auto evacuation dock and line cord, and a docking station for recharging. All these accessories are of Chinese origin and specifically intended solely for use with the Neato vacuum cleaner. The vacuum cleaner may also include an optional accessory known as a cleaning base which is of German origin. |
| Reason: All the components/materials and parts are made in China. The processing performed in China does constitute a substantial transformation of the imported PCBA’s and other imported components into "products of" China. The manufacturing process in China transforms the non-originating materials (PCBA’s, plastic pulleys and laser modules) in the manufacturing of the vacuum cleaners. The PCBA by itself does not determine the country of origin of the vacuum cleaner. Instead, the manufacturing performed in China involves complex and skilled operations and is more than a simple assembly. |
| Ruling Date: Dec. 5, 2022 |
N329433: The tariff classification of office supply storage caddies from China
| HTS: 3926.10.0000, 5.3%, “Office or school supplies,” of plastic |
| Items: Three stackable mini caddies made of 100% Polypropylene molded plastic. The caddies are to be used primarily for organizing office and/or school supplies and will be sold in-store and online exclusively through Office Depot. |
| Reason: N/A |
| Ruling Date: Dec. 5, 2022 |
N329478: The tariff classification of two metal decorative items from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Items: Two decorative pieces of metal representing a six-legged spider with a small metal bowl representing the spider’s belly. The bowl is fastened with a screw onto the spider body and is not removable. These items were made as handicrafts to imitate animals without functions, and that the small bowl is just for decoration to imitate the spider belly, not for serving food or candy. These items will be imported with “For decoration only" stated on the hangtag. |
| Reason: N/A |
| Ruling Date: Dec. 5, 2022 |
N329546: The tariff classification of a women’s pullover sweater from China
| HTS: 6110.20.2020 16.5%, "Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Sweaters: Women’s." |
| Item: A women’s pullover sweater constructed from 57% cotton, 28% acrylic and 15% polyester knit fabric with a sequin overlay constructed from 95% polyester and 5% spandex. The garment’s fabric measures 6 stitches per 2 cm in the direction the stitches were formed. The sweater features a hood, long sleeves with rib-knit cuffs, side vents, and a finished bottom that extends to below the waist. |
| Reason: N/A |
| Ruling Date: Dec. 5, 2022 |
N329314: The country of origin of an articulating boom lift
| Country of Origin: Poland |
| Item: Two models of electric articulating boom lifts. Both models are similar in design but differ in specifications such as working height, loadbearing capacity, and overall dimensions. The self-propelled articulating boom lift is battery powered and features a multi-stage folding boom. The articulating and rotating boom allows the lift to maneuver around various obstacles and access different points without having to reposition the base. Each lift is also equipped with a rotating turntable as well as a rotating and extendable platform. |
| Reason: All of the major structural subassemblies are manufactured from steel material and transformed into integral subassemblies in Poland. The complex operations result in the individual parts losing their separate identities to become a new article. |
| Ruling Date: Dec. 2, 2022 |
N329316: The country of origin of a telescopic boom lift
| Country of Origin: Poland |
| Item: Two telescopic boom lifts, one powered by a diesel engine, and the other battery-powered. Both the models serve the same function, but differ in mode of power, working height, horizontal extension, gradeability, and loadbearing capacity. The self-propelled telescopic boom lift includes a boom with an attached platform that holds up to three operators. Each lift features telescoping boom sections that extend in a straight line, a rotating turntable, and a rotating platform. |
| Reason: The complex operations result in the individual parts losing their separate identities to become a new article. |
| Ruling Date: Dec. 2, 2022 |
N329383: The tariff classification of a felt basket from China
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other." |
| Item: A decorative basket designed and intended to hold decorated eggs, small gifts, and favors. The open top, round-shaped basket is composed of 100% polyester nonwoven felt, dyed orange, fabric. The basket is constructed of eight panels featuring a rounded top edge and consisting of two outer layers of fabric. Each panel is sewn to one another at the sides and to a round bottom panel at the bottom edge. |
| Reason: N/A |
| Ruling Date: Dec. 2, 2022 |
N329400: The tariff classification of Ghee from Greece
| HTS: (if entered under the quota) 0405.90.1020, 10%, "Butter and other fats and oils derived from milk; dairy spreads: Other: described in additional U.S. Note 14 to chapter 4 and entered pursuant to its provisions: anhydrous milk fat." |
| (if entered over the quota) 0405.90.2020, $1.865/kg + 8.5%, "Butter and other fats and oils derived from milk; dairy spreads: other: other: anhydrous milk fat." |
| Item: Ghee Clarified Butter composed of 100% sheep’s milk. The product has a moisture content of less than one percent and a fat content that exceeds 99%. The product which will be in 6-oz glass jars, packed 12 per case, will be sold to retailers and the foodservice industry. |
| Reason: N/A |
| Ruling Date: Dec. 2, 2022 |