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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N332736: The tariff classification of a chemical mixture from Canada
| HTS: 3824.99.9397, 5%, "Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other." |
| Item: A mixture of Triethylammonium acetate (CAS # 5204-74-0), Acetonitrile (CAS # 75-05-8), and water. The product is a clear colorless liquid that will be used in cell and gene therapy process for purification. |
| Reason: N/A |
| Ruling Date: June 1, 2023 |
N332738: The tariff classification of a chemical mixture from Canada
| HTS: 3824.99.93975%, "Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other." |
| Item: A mixture of Triethylammonium acetate (CAS # 5204-74-0), Acetonitrile (CAS # 75-05-8), and water. The product is a clear, colorless liquid, and will be used in cell and gene therapy process for purification. |
| Reason: N/A |
| Ruling Date: June 1, 2023 |
N332740: The tariff classification of organic baby foods from the Czech Republic
| HTS: 2104.20.1000, 2.5%, "Homogenized composite food preparations: Put up for retail sale as food suitable for infants or for dietetic purposes." |
| Items: Five varieties of organic baby foods that consist of a mix of fruit and/or vegetable purees that are blended to a uniform texture so as not to require any chewing. The products are packaged in 4 ounce net weight, glass jars, and are marketed as organic baby foods for infants between 4-6 months old or 6 months and older, depending on the variety. |
| Reason: N/A |
| Ruling Date: June 1, 2023 |
N332882: The tariff classification of Santa’s Kindness Ornament 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: A Santa’s Kindness Ornament, which consists of a plastic, disk-shaped Christmas tree ornament slightly resembling a compass with all four points. The ornament is a lightweight decoration and includes a permanently attached hanging loop to hang on a Christmas tree. The ornament can be illuminated if a Christmas tree light is inserted through back (light not included). |
| Reason: N/A |
| Ruling Date: June 1, 2023 |
N332917: The tariff classification of a decorative lantern from China
| HTS: 4602.90.0000; 9903.88.03, 3.5% + 25%, “Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Other." |
| Item: A decorative lantern with handle is affixed to the top. The six-sided lantern is constructed of a metal frame with plastic monofilaments wrapped horizontally between the vertical frame elements. A solar powered LED bulb is housed inside the lantern. When powered on, glowing light is emitted out between the monofilaments to produce a decorative effect but minimal usable light. Even when the lights are not powered on, the lantern can still be used as a decoration. |
| Reason: Lanterns that are designed to be decorative rather than useful or practical as lamps or lighting fittings do not meet the definition of a "lamp" and do not provide meaningful light to the surrounding area. These lanterns utilize light primarily for decorative effect. Any lighting of the surrounding area is incidental to its use as a decorative article. The monofilaments meet the definition of plaiting materials, as set forth in Note 1 to Chapter 46. |
| Ruling Date: June 1, 2023 |
N332929: The tariff classification of powered track barrows and a powered wheelbarrow from China
| HTS: 8704.31.0020, 9903.88.01, 25% + 25%, “Motor vehicles for the transport of goods: Other, with only spark-ignition internal combustion piston engine: G.V.W. not exceeding 5 metric tons: G.V.W. not exceeding 2.5 metric tons.” |
| Items: Three models of the YardMax powered track barrow and the one model of the YardMax powered wheelbarrow. All four items are designed for residential use in yards and gardens, as well as for commercial use in parks, golf courses, farms, or in the construction field. All four models are powered by the same spark-ignition internal combustion engines. |
| Reason: N/A |
| Ruling Date: June 1, 2023 |
N332936: The tariff classification of the “Sense and Grow Sensory Tissue Box” from China
| HTS: 9503.00.0071, 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: Under 3 years of age.” |
| Item: A box made of 100% polyester plush weighted with glass beads in the base to hold it in place. Inside the box are 15" tissue-sized polyester squares of varying textures, such as sheer, tulle, crinkly, crinkly felt, and corduroy. The product is designed to provide amusement for babies and young children as they pull the tissues from the box and experience the different textures of the material. |
| Reason: Articles such as these are considered within the scope of the term "educational toy" because they serve as basic tools to aid in developing motor skills, sensory perception, hand-eye coordination, etc. |
| Ruling Date: June 1, 2023 |
N333172: The tariff classification of a table from India
| HTS: 9403.89.6015, free, "Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other: Other household.” |
| Item: A 22" high, C-shaped table made of natural stone. The edge-beveled tabletop and the horizontal foot measure 14" (W) x 10" (D). The table is intended to hold snacks, a TV remote, or other small items for someone seated at home on a chair, lounger, or sofa. It will be imported assembled and is made in India. |
| Reason: N/A |
| Ruling Date: June 1, 2023 |
N332714: The tariff classification of Golden Syrup from South Africa
| HTS: (if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions)1702.90.1000, 3.6606¢/kg “Other sugars...sugar syrups not containing added flavoring or coloring matter...other...derived from sugar cane or sugar beets: containing soluble non-sugar solids (excluding any foreign substances that may have been added or developed in the product) equal to 6 percent or less by weight of the total soluble solids.” |
| (If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions): 1702.90.2000, 35.74¢/kg. |
| Item: An invert sugar syrup with a light yellowish color. Golden Syrup is refined cane sugar partially inverted to glucose and fructose and composed of 83.73% pure refined sugars, 15.66% water, 0.45% salt, 0.07% hydrochloric acid, 0.07% soda ash, and 0.02% antifoaming agent. Golden Syrup has a total sugar content of 88.4% and a Brix of 82. The product contains 1.37% soluble non-sugar solids in the total soluble solids, 34.5% sucrose, 27.4% glucose, and 26.5% fructose. |
| Reason: N/A |
| Ruling Date: May 31, 2023 |