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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N331509: The tariff classification of a women’s knitted coat from China
| HTS: 6102.30.2010; 9903.88.15, 28.2% + 7.5%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Other: Women’s" |
| Item: A women’s coat constructed from a 60% rayon, 36% polyester, 4% spandex knitted fabric. The fully lined garment features a full front opening with a right-over-left, double-breasted button closure; a stand-up collar; long sleeves with button cuffs; welt pockets below the waist; and a hemmed bottom. The garment also includes a self-fabric tie belt that is threaded through belt loops located around the waist. |
| Reason: N/A |
| Ruling Date: March 21, 2023 |
N331511: The tariff classification of a wall-mounted upholstered headboard from China
| HTS: 9403.89.6015, 9903.88.03, free + 25%, "Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other: Other household.” |
| Item: An upholstered headboard that attaches to the wall using three plastic hooks. It is composed of a 100% polyester knit fabric shell filled with 100% polyester stuffing. Although it functions as a padded headboard when hung on the wall, it contains no solid substrate. It has 10 vertical seams to hold the filling in place and provide its vertically lined appearance. |
| Reason: N/A |
| Ruling Date: March 21, 2023 |
N331596: The tariff classification of non-contact analog temperature thermopile sensors from China
| HTS: 9025.19.8060, 9903.88.02, free + 25%, “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Thermometers and pyrometers, not combined with other instruments: Other: Other: Other: Infrared thermometers.” |
| Items: Three types of non-contact thermopile sensors. The sensors consists of chips with arrays of micro-thermocouple elements, reference ambient temperature sensors, and infrared filter windows, all contained in hermetically sealed metal enclosures. |
| Reason: N/A |
| Ruling Date: March 21, 2023 |
N331100: The tariff classification of an anti-sticking agent from Germany
| HTS: 2106.90.9998, 6.4%, "Food preparations not elsewhere specified or included ... other ... other ... other." |
| Item: An oil and wax dispersion composed of vegetable oil and beeswax, white. It is an odorless white to yellowish oily liquid, which functions as an anti-sticking agent for confectionary production, specifically gummies. The product will be packaged for sale to customers in 10 kilogram steel containers, net packed. |
| Reason: N/A |
| Ruling Date: March 20, 2023 |
N331590: The tariff classification of a Christmas decoration from China
| HTS: 9505.910.2500, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Item: "The Beach House," which consists of an illuminated miniature house made predominantly of polyresin and is part of the Saint Nicholas Square Christmas Village. The item is powered by a plug-in adapter and controlled by a power switch. Patches of “snow” can be seen on the roof, porch and around the house on the “sand.” |
| Reason: N/A |
| Ruling Date: March 20, 2023 |
N331592: The tariff classification of a Christmas decoration from China
| HTS: 9505.10.2500, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Item: The “Basketball Toss,” which is part of the St. Nicholas Square Christmas Village Collection. The illuminated tabletop decoration is made primarily of polyresin and depicts a carnival-style basketball toss game. The figure is shown wearing a traditional Santa hat. The battery-powered multicolor illumination is controlled by a power switch. |
| Reason: N/A |
| Ruling Date: March 20, 2023 |
N329938: The tariff classification of a marble candle pedestal from China
| HTS: 6802.91.1500, 9903.88.03, 4.9% + 25%, “Worked monumental or building stone (except slate) and articles thereof…: Other: Marble, travertine and alabaster: Marble: Other.” |
| Item: A candle pedestal of a squat hourglass shape. The top surface of the pedestal is flat and features a raised lip. It is designed to support a candle. However, it does not provide a socket, cup, spike, or indentation to stabilize or hold a candle securely. |
| Reason: N/A |
| Ruling Date: March 17, 2023 |
N331104: The tariff classification of a coated upholstery fabric from China
| HTS: 5903.20.2500, 9903.88.03, 7.5% + 25%, "Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: With polyurethane: Of man-made fibers: Other: Other." |
| Item: A twill weave fabric with a plastic coating composed of 61.3% plastic polyurethane coating, 34.3% polyester staple fibers and 4.4% rayon staple fibers. The fabric weighs 440 g/m2 and contains two layers of plastic coating, one inner cellular layer and an outer layer which is compact. Based upon our observation, the fabric’s yarns contain a heathered or marled effect and the plastic coating is visible to the naked eye. |
| Reason: N/A |
| Ruling Date: March 17, 2023 |
N331156: The tariff classification of games from China
| HTS: (1), (2) 9504.40.0000, 9903.88.15, free + 7.5%, "Video game consoles and machines, articles for arcade, table or parlor games…parts and accessories thereof: Playing Cards." |
| (3) 9504.90.9080, 9903.88.15, free + 7.5%, "Video game consoles and machines, articles for arcade, table or parlor games…parts and accessories thereof: Playing Cards." |
| Items: (1) The “Colour Brain” card game is a quiz card game where the answer to every question is a color or a combination of colors. The questions cover a wide variety of general knowledge. (2) “Linkee” is a quiz card game that comes with 260 question cards, four note pads, a sticker, and an instruction sheet. (3) The “Sounds Fishy” game consisting of 200 question cards, eight red fish game pieces, one blue fish game piece, 80 tokens, an instruction sheet, and a sticker. |
| Reason: The “Sounds Fishy” game involves more than playing cards. |
| Ruling Date: March 17, 2023 |
N331225: The tariff classification of paddling top from China
| HTS: 6113.00.1010, 9903.8815, 3.8% + 7.5%, "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Coats and jackets: Women's or girls." |
| Item: A unisex paddling top. The top is constructed from 90% polyester 10% spandex knit coated with a silicone material that completely obscures the underlying fabric. The pullover garment features flatlock seams, a mock turtleneck, raglan sleeves, and a hem with an elastic drawcord for tightening. |
| Reason: N/A |
| Ruling Date: March 17, 2023 |