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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N329549: The tariff classification of three snow removal tarpaulins 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.” |
| Items: Snow removal tarps made from 18-ounce black polyvinyl chloride plastic material and constructed using stitching and welding. The tarps feature two-inch yellow polyester webbing, which is rated with a 10,000-pound breaking strength. The edges of these tarps are heat sealed for reinforcement and finish. Per the provided product literature, they are intended to be used to collect and remove snow from construction jobsites, cover equipment and construction materials, and cover exposed rebar while concrete is being poured. |
| Reason: The snow tarpaulins are made-up articles composed of 100% polyester woven fabric visibly coated on both sides with PVC. They are articles of plastic not more specifically provided for elsewhere. |
| Ruling Date: Dec. 14, 2022 |
N329623: The tariff classification of stickers from China
| HTS: 4911.91.2040, 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: Not over 0.51 mm in thickness: Other. |
| Item: Sheets of 379 paper stickers, lithographically printed, are packaged together for retail sale. The stickers are intended to be used for the activity of journaling, to aid in keeping a diary of activities, feelings and plans and making notes about those activities. Some have printed images, such as a thumb tack or an arrow. Others are mostly blank inside a simple border or with lines for writing a few words. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2022 |
N329625: The tariff classification of multilayer wood panels from China
| HTS: 4412.39.4052, 9903.88.03, 8% + 25%, "Plywood, veneered panels and similar laminated wood: Other plywood consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm in thickness: Other, with both outer plies of coniferous wood: Not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply: Other: With at least one outer ply of Agathis spp.: Fully sanded on at least one face, but not further processed." |
| Items: Plywood panels constructed of thirteen wood layers, none of which exceeds 6 mm in thickness. The core consists of 11 plies of poplar wood. The grain of each layer runs at a 90-degree angle to the successive layers. The face and back plies consist of agathis wood measuring 0.2 mm in thickness. The grain of the face and back plies runs parallel to the layer beneath them. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2022 |
N329655: The tariff classification of a hydroponic growing system from China
| HTS: 8424.82.0090, 9903.88.02, 2.4% + 25%, “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other appliances: Agricultural or horticultural: Other.” |
| Item: A self-watering, self-fertilizing hydroponic growing system designed for growing fruits and vegetables. The system utilizes seedling pods that fit into cups that click into the ports located on each level and includes an electrical submersible water pump which is placed in the base and attaches to a vertical threaded PVC rigid pipe. Water stored in the base is pumped through the pipe to a diffuser affixed to the pipe located at the top module. Water flows down the inside of the unit from the diffuser and runs over the roots of the plants via specific irrigation holes. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2022 |
N329812: The eligibility for preferential treatment under the United States-Korea Free Trade Agreement (UKFTA) of insulation coating solution from Korea
| UKFTA Eligibility: eligible |
| Item: Insulation coating solution for manufacturing lithium-ion batteries. The insulation coating solution will be in transparent liquid form and contained in an IBC tank to be imported into the U.S. from South Korea. The product will be produced entirely in South Korea by mixing N-Methyl-alpha-pyrrolidinone, Boehmite, Styrene-butadiene rubber, and Tannic acid. |
| Reason: Transshipment through Mexico will include only unloading and reloading, not any processing or alteration of the goods. The subject goods will remain under the control of Mexican Customs authorities while in Mexico. |
| Ruling Date: Dec. 14, 2022 |
N329416: The tariff classification of purse charms from Vietnam
| HTS: 7117.90.7500, free, “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” |
| Items: Purse charms made of plastic and designed to be attached to backpacks, bags purses or other personal items. Inside of each charm is a small mirror. The small chain attached to the charm is made of coated iron and the clasps are made of a zinc alloy. In addition, a limited number of charms may also include a bracelet made of polyester. |
| Reason: The charms are composite goods made up of plastic, base metal, and a mirror. The essential character of the purse charms is imparted by the plastic because it predominates in surface area and visual impact. |
| Ruling Date: Dec. 13, 2022 |
N329382: The tariff classification of parts of footwear from China
| HTS: 6405.90.9060, 12.5%, "Other footwear: other: other: other." |
| Item: A man’s closed toe/closed heel shoe does not cover the ankle and has a foxing-like band. The external surface area of the upper is 90% polyurethane rubber/plastic material. The rubber and plastics outer soles have leather material adhered to over 50% of the external surface area in contact with the ground. The substantial leather material is visible, tactile, and completely obscures the material underneath. The F.O.B. value is $11 per pair. |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |
N329387: The tariff classification of an Insert Box-End Wrench from Germany
| HTS: 8207.90.6000, 4.3%, "Interchangeable tools for hand tools, whether or not power operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools; base metal parts thereof: Other interchangeable tools, and parts thereof: Other: Other: Not suitable for cutting metal, and parts thereof: For handtools, and parts thereof." |
| Item: A chrome-plated insert box-end wrench designed to be inserted into a mechanical torque wrench via a clicking motion. Once inserted, the torque wrench can loosen or tighten fasteners such as nuts and bolts. The torque wrench can also accommodate sockets, with the use of an adaptor. The insert box-end wrench will be imported and sold separately from the sockets and torque wrench. |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |
N329494: The tariff classification of nonwoven breathable house wrap from China
| HTS: 5603.93.0010, 9903.88.03, free + 25%, “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 70 g/m2 but not more than 150 g/m2… Impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers; imitation suede.” |
| Item: A nonwoven fabric of two layers of spun bond polypropylene with a layer of polyethylene film and calcium carbonate added in between. The nonwoven fabric weighs 100 g/m2, will be imported into the United States in various widths and colors and will be principally used for house wrap. In subsequent correspondence you indicated that the nonwoven is constructed of staple fibers and the calcium carbonate enhances the ability of the fabric to “breathe.” |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |
N329676: The tariff classification of a woman’s jacket from China
| HTS: 6211.43.1078, 9903.88.15, 16% + 7.5%, "Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Other: Jackets and jacket-type garments excluded from heading 6202." |
| Item: A woman’s jacket constructed from 100% polyester woven fabric. The unlined jacket features a notched lapel collar, a full front opening secured with a single button closure, long hemmed sleeves, two side seam pockets at the waist, and a hemmed bottom. |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |