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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N332742: The tariff classification of a Smart Baby Bottle Monitor from Canada
| HTS: 9031.80.8085, free, “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other.” |
| Item: The Veba smart baby bottle monitor, which is a device that turns a standard baby bottle into a smart bottle and notifies parents of when breast milk or formula has expired. The Veba device attaches to a baby bottle via a silicone strap and allows the user to set expiration times for formula or expressed breast milk by hours or days. An LED light illuminates to show the status of the milk or formula and will automatically begin counting down to expiration. The device features an accelerometer, temperature detector, timer, data logger and wireless connectivity. |
| Reason: It was CBP's opinion that the temperature reading ability in heading 9025, HTSUS, merits equal consideration to the accelerometer in heading 9031, HTSUS. Therefore, classification will be determined based on the competing heading that occurs last in numerical order. |
| Ruling Date: May 15, 2023 |
N332751: The tariff classification of a steel, wall mounted, wipes dispenser and toilet paper holder 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: A wipes dispenser stash-box. It is a wall mounted, lidded box, with a toilet paper holder that is attached to the underside of the box. It is made of stainless steel. The toilet paper arm is screwed into the bottom of the box and can be attached to open to the left or right. The box can hold a package of disposable sanitary wipes or other items. Mounting hardware to attach the toilet paper holder to the box and to attach the complete product to a wall is included. |
| Reason: Section XV, Note 2 (c), states that articles of chapter 82 or 83 are excluded from chapters 72 to 76 and 78 to 81. Because the Wipes Dispenser Stash-Box can be classified under 8302.50.0000, and because goods classified under Chapter 83 are subject to Section XV, Note 2 (c), the Wipes Dispenser Stash-Box is excluded from classification under both Chapter 73 provisions suggested by the importer. |
| Ruling Date: May 15, 2023 |
N329808: The tariff classification of narrow woven fabrics and textile trim from China
| HTS: (1) 5808.90.0010, 9903.88.03, 3.9% + 25%, “Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: Other: Of cotton; of man-made fibers.” |
| (2), (3), (4), (5): 5806.32.2000, 9903.88.03, 6.2% + 25%, “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: Of man-made fibers: Other.” |
| Items: (1) A rick rack packaged in lengths of 2.5 yards. Laboratory analysis determined that the rick rack is of twill construction and is composed wholly of polyester fibers. (2) A woven fabric packaged in lengths of 3 yards of plain weave construction and is composed of 75.4% polyester and 24.6% cotton. (3) A woven fabric packaged in lengths of 4.75 yards of satin weave construction and is composed wholly of polyester. (4) A thin strip of woven fabric packaged in lengths of 4 yards of plain weave construction and is composed of 79.6% polyester and 20.4%cotton. (5) A thin strip of woven fabric packaged in lengths of 4 yards of plain weave construction and is composed of 75.5%polyester and 24.5% cotton. The samples were not impregnated, coated, covered, or laminated with any material and contains no selvedges. |
| Reason: For an article to be considered a made-up article of textile under subheading 6307.90.9891, HTSUS, there cannot be a more specific heading that also provides for the classification of the article. |
| Ruling Date: May 12, 2023 |
N332490: The tariff classification of a woman’s suit-type jacket from China
| HTS: 6204.33.5010, 9903.88.15, 27.3% + 7.5%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Suit-type jackets and blazers: Of synthetic fibers: Other: Women’s." |
| Item: A woman’s suit-type jacket constructed from 65% polyester, 31% viscose, and 4% spandex woven fabric. The unlined jacket is composed of three or more panels sewn together lengthwise, two of which are in the front. The garment features a full front opening, ¾ length sleeves, and two slant pockets below the waist. |
| Reason: N/A |
| Ruling Date: May 12, 2023 |
N332544: The tariff classification of a chin strap 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 chin strap designed to be worn while sleeping and intended to prevent snoring by encouraging breathing through the nose. The chin strap is composed of three layers: a single layer of neoprene rubber is sandwiched between two layers of 100% polyester knit fabric. The chin strap is shaped like a cummerbund and is finished with a 3/4 inch wide 100% polyester knitted binding. The strap measures 25 inches in length by 3 inches in width and features two ear openings, each measuring 3 1/8 inches in length by 3/4 inches in width; a rectangular piece of 100% polyester knit webbed fabric, sewn on the inside surface at the center for comfort; and two hook-and-loop fasteners affixed to the ends. |
| Reason: N/A |
| Ruling Date: May 12, 2023 |
N332679: The tariff classification and applicability of trade remedies of a photovoltaic (PV) generator from Taiwan
| HTS: 8501.71.0000, 2.5%, “Electric motors and generators (excluding generating sets): Photovoltaic DC generators: Of an output not exceeding 50 W.” |
| Item: A PV panel that is mounted within a plastic enclosure, with a plastic bezel framing the photovoltaic cells that measures 196 mm by 196 mm from the outside edges. The photovoltaic surface area is 165 mm by 165 mm as measured from the inside of the bezel edges. Internally, the generator does not incorporate static converting apparatus or a battery. The generator is equipped with a permanently attached 2 m long output cable with a micro-USB connector. The subject generator has a maximum output of 5 V and 4 W. |
| Reason: N/A |
| Ruling Date: May 12, 2023 |
N332691: The tariff classification of women’s wearing apparel from Italy
| HTS: 4203.10.4095, 6%, "Articles of apparel and clothing accessories, of leather or of composition leather: Articles of apparel: Other: Other: Women's, girls' and infants'" |
| Item: A lower body garment constructed from 100% bovine leather. The garment is worn at the waist and falls just below the hips. It features a hook and loop closure and an embossed oversized “oval D” logo at the front. The garment can be worn as a belt or a mini skirt. Although the garment resembles a micro mini skirt, it does not have sufficient coverage to be considered a skirt. The garment is also not considered a belt. For an item to be classified as a belt, it must clearly be intended for use solely or principally as an accessory to clothing. |
| Reason: N/A |
| Ruling Date: May 12, 2023 |
N332741: The tariff classification of a stuffed animal character 2-in-1 neck pillow from China
| HTS: 9503.00.0073, free, “Tricycles, scooters, pedal cars, and similar wheeled toys … dolls, other toys … puzzles of all kinds; parts and accessories thereof … ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: The Conair TravelSmart dog stuffed animal/neck pillow. It is composed of a combination of soft polyester fabric and polystyrene beads that easily transform from a plush animal figure into a child sized U-shaped travel pillow. The animal character travel pillow is designed for everyday use, including travel and playtime for children. The plush animal character is principally designed for the amusement of children 5 years of age and older. |
| Reason: N/A |
| Ruling Date: May 12, 2023 |
N332772: The tariff classification of a swivel caster from China
| HTS: 8302.20.0000, 9903.88.03, 5.7% + 25%, "Base metal mountings, fittings and similar articles…Castors, and parts thereof." |
| Item: A swivel caster with a locking wheel. The wheel is made out of polyurethane and measures 75 mm in diameter and 21 mm in width. The mountings of the caster are made of steel. |
| Reason: N/A |
| Ruling Date: May 12, 2023 |
N332802: The tariff classification of fishing rod holders from China
| HTS: 9507.10.0080, 6%, "Fishing rods, fish hooks and other line fishing tackle … parts and accessories thereof: fishing rods and parts and accessories thereof, parts and accessories." |
| Items: Fishing rod holders which are designed to be installed in a boat. Although the products may be used to facilitate the storage and handling of the fishing rods on a boat, they are intended for use while actively fishing. The purpose of the rod holders is to create a wide spread to prevent trolling tangles when fishing with multiple rods at the same time. The fishing rod holders are made of aluminum alloy 6463, each with a PE liner, ready to be installed onto a boat. |
| Reason: N/A |
| Ruling Date: May 12, 2023 |