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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N332752: The tariff classification of Amino Acid Fertilizer from China
| HTS: 3101.00.0000, 9903.88.03, free + 25%, "Animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products." |
| Item: An amino acid nitrogen fertilizer made from defatted soybean meal. The product is in powder form, 99% water soluble, cream in color, and has a slight soy smell. You state that the fertilizer is intended to be used for organic farming by mixing with water and applying it to soil or directly on plants with irrigation equipment, backpack sprayers, and truck sprayers. |
| Reason: N/A |
| Ruling Date: May 31, 2023 |
N332774: The tariff classification of women’s upper body garments from Taiwan and Vietnam
| HTS: (1) 6110.30.3059, 32%, "Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Women’s or girls’: Other." |
| (2), (4), (5) 6114.30.1020, 28.2% "Other garments, knitted or crocheted, of man-made fibers: Tops, Women’s or girls’" |
| (3) 6106.20.2010, 32%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of man-made fibers: Other: Women’s." |
| Item: (1) A women’s sleeveless, form fitting upper body garment constructed from 78% polyester and 22% spandex knit fabric. The outer surface of the garment’s fabric measures more than nine stitches per two centimeters measured in the direction the stitches were formed. The garment features a self-fabric stand up collar, a partial zipper opening beginning at the neckline, and a hemmed bottom that reaches to the waist all the way around.(2) A women’s racerback styled garment constructed from 79% polyester and 21% spandex knit fabric. The sleeveless top extends below the waist and features a deep V-styled front neckline, 1½ inch shoulder straps, oversized armholes, a built-in shelf bra with removable cups that are sewn onto the top portion of the garment, contrasting color side inserts, and a small rubber logo at the front left above the straight hemmed bottom.(3) A women’s blouse constructed from 68% rayon and 3% polyester knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The sleeveless loose-fitting garment extends below the waist and features a U-shaped front neckline, and a small rubber logo at the front left above the straight hemmed bottom. (4) A women’s racerback styled garment constructed from 96% polyester and 4% spandex knit fabric. The sleeveless top extends to below the waist and features a U-shaped front neckline, oversized armholes, self-fabric capping at the neckline and armholes, 1 inch shoulder straps, a built-in shelf bra with removable cups that are sewn onto the top portion of the garment, and a small rubber logo at the front left above the straight hemmed bottom.(5) A women’s form fitting top constructed from 79% polyester and 21% spandex knit fabric. The sleeveless top covers the bust and features self-fabric shoulder straps measuring less than one-inch in width to form a crisscross pattern at the back, a sewn-on ruffle that borders the top of the garment, and a built-in shelf bra with removable molded cups. The garment extends to the waist and features a straight hemmed bottom. |
| Reason: N/A |
| Ruling Date: May 31, 2023 |
N332803: The tariff classification of an upper body garment from India
| HTS: 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Item: A girls’ upper body garment constructed of 100% cotton knit fabric that measures at least 10 or more stitches per linear centimeter in both directions. The loose-fitting garment is sleeveless, extends from the shoulders to below the waist, features a crew neckline, a self-fabric ruffle that surrounds each armhole and a straight, hemmed bottom. |
| Reason: The garment’s appearance and the reasoning set forth in rulings HQ H325360 and HQ H324935 are those of a loose-fitting blouse |
| Ruling Date: May 31, 2023 |
N332820: The tariff classification of a textile fabric swatch book from the United States
| HTS: 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A textile fabric swatch book of shade fabrics woven in the U.S. The swatch book, which is designed for soliciting orders from domestic and foreign customers, contains 135 textile fabric swatches composed of 100% acrylic woven fabric. The completed swatch book features 62 swatches. Each fabric swatch has pinked edges and an identifying label containing the product name, style #, color, fiber content, and QR bar code on its reverse side. The fabric swatches are permanently glued to the spine of the book. The book’s front, back, and side covers are made of chipboard, which are covered with a dyed, slate-colored, 100% cotton woven fabric that is covered with an aqueous coating and printed with the Sunbrella® logos. |
| Reason: N/A |
| Ruling Date: May 31, 2023 |
N332822: The tariff classification of three inflatable articles from China
| HTS: 3926.90.7500, 4.2%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Pneumatic mattresses and other inflatable articles, not elsewhere specified or included.” |
| Item: Inflatable articles made wholly of polyvinyl chloride plastic. They are all intended to be sold to companies as promotional articles with the specific company’s name and logo printed on them.The first item is a mattress-type pool float and from the provided images can come in two different shapes, a can or a flag, with both being flat and intended to be laid on in a pool. The second is a pool ring. The third item comes in the shape of a bottle and is intended to serve a decorative nature and not used for floatation in a pool. |
| Reason: The merchandise concerned is principally used for lounging when engaging in water recreation. The products are not toys principally designed for amusement and therefore classification in HTS heading 9503 is precluded. |
| Ruling Date: May 31, 2023 |
N332825: The tariff classification of a plastic wall sleeve cylinder from Japan
| HTS: 3926.90.9985, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” |
| Item: A wall sleeve cylinder. It is a hollow tube made of low-density polyethylene plastic that is used when installing mini-split air conditioning systems. This conduit tube lines the passage through a wall cavity where an evaporator coil, communication wire, and flexible condensate drain hose can be fed through from the inside to the outside of a building. It measures 200 millimeters in length by 64 millimeters in diameter and features a lip on one end. |
| Reason: N/A |
| Ruling Date: May 31, 2023 |
N332869: The tariff classification of a boy’s garment from Peru
| HTS: 6109.90.1049, 32%, "T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers: Men’s or boys’: Other." |
| Item: A boy’s garment that is similar to a T-shirt constructed of 92% polyester and 8% spandex jersey knit fabric. The garment features a crew neckline, short hemmed raglan sleeves, and a hemmed bottom. You state the fabric weighs 200 grams per square meter; CBP may choose to verify this at time of entry, as a different weight may affect classification. |
| Reason: N/A |
| Ruling Date: May 31, 2023 |
N332995: The tariff classification of electrical distribution enclosures from the Netherlands
| HTS: 8537.10.9170,2.7%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other”. |
| Item: A 45-foot steel container equipped with mechanical equipment, such as racking, immersion tanks, electric pumps, heat exchangers, and various valves/piping. The minerbox is also equipped with electrical equipment, such as speed drive controllers, a programmable logic controller, several power distribution units, a power cabinet, and numerous electrical apparatus to distribute electricity throughout the enclosure. Lastly, the Minerbox is equipped with telecommunication apparatus, such as ethernet switches, which supply Internet connectivity to the machines that are installed within the immersion tanks. |
| Reason: The intended use of the minerbox is to house and supply power to the mining machines, which are fixed within the immersion tanks where a dielectric fluid and the control systems/pumps maintain cooling from the heat generated by the mining machine’s power consumption. While the Minerbox enclosure contains various cooling, electrical control, and communication apparatus, the principal function of the subject enclosures is to distribute power to the mining machines installed therein. |
| Ruling Date: May 31, 2023 |
N333022: The tariff classification of dozer blades from China
| HTS: 8431.49.9095, 9903.88.01, free + 25%, “Parts suitable for use solely or principally with the machinery of headings 8425 to 8430: Of machinery of heading 8426, 8429 or 8430: Other: Other: Other: Other: Other: Other: Other. |
| Items: Steel dozer blades that are mounted along the bottom edge of a moldboard, which is designed for various models of Komatsu dozers. Once installed, the blades form a cutting edge along the moldboard. Each blade is imported with the required number of plow bolts and nuts to mount the blades. |
| Reason: N/A |
| Ruling Date: May 31, 2023 |
N332597: The tariff classification of Tyvek® sterilized packaging products from Taiwan
| HTS: (1), (4) 6307.90.9891, 7%“Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| (2), (3) 6305.39.0000, 8.4%, “Sacks and bags, of a kind used for the packing of goods: Of man-made textile materials: Other.” |
| Items: Packaging for sterilized medical, laboratory, or machinery parts for shipping and storage. (1) A flat tubular sleeve is comprised of two layers: a top layer of 100% high-density polyethylene 90µm clear plastic film, and a bottom layer of 100% HDPE spunbonded nonwoven material. The two layers are heat sealed and compressed together along both vertical edges. (2) A rectangular flat bag is comprised of two layers: a top layer of 100% HDPE 90µm clear plastic, and a bottom layer of 100% HDPE spunbonded nonwoven material which has been heat sealed to a 2 ½ inch piece of 100% HDPE 90µm clear plastic film. The two layers are heat sealed and compressed together on three sides after items are placed inside the bag. (3) A rectangular flat pouch is comprised of three layers: a top layer of 100% polyethylene terephthalate plastic film laminated to a middle layer of 100% polypropylene plastic film and a bottom layer of 100% HDPE spunbonded nonwoven material. The three layers are heat sealed and compressed together on three sides with a self-seal adhesive strip on the open end. (4) A rectangular flat tubular sleeve is comprised of three layers: a top layer of 100% PET plastic film laminated to a middle layer of 100% polypropylene plastic film and a bottom layer of 100% HDPE spunbonded nonwoven material. The three layers are heat sealed and compressed together along both vertical edges. The item measures 16 inches square. |
| Reason: N/A |
| Ruling Date: May 30, 2023 |