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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N333409: The tariff classification of strobe lights from China
| HTS: 8543.70.9860, 9903.88.02, 2.6% + 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” |
| Items: Mini-strobe lights. The three lights are virtually identical with the only difference being that the second and third item display the letters “RIP” or a spiderweb on the lens, respectively. The units consist of a plastic housing within which is a battery powered LED strobe light, sound generator, and sound receiver. When powered on and activated via sound, the unit creates a flashing strobe effect and generates spooky sounds such as a howling wolf. The subject lights are meant to be used as a decorative item for the Halloween season. |
| Reason: N/A |
| Ruling Date: June 14, 2023 |
N333041: A country of origin and marking determination of various paper products
| Country of Origin: Indonesia |
| HTS: (1) 4818.10.0000, free, “Toilet paper.” |
| (2), (3) 4818.20.0020, free, “Handkerchiefs, cleansing or facial tissues and towels: Towels.” |
| Items: (1) Single and large format rolled toilet tissue. (2) Folded hand towels. (3) Rolled paper towels for dispensing equipment. |
| Reason: The parent rolls of paper from Indonesia are not substantially transformed when cut to size, re-rolled or folded to form the finished paper products in China. |
| Ruling Date: June 13, 2023 |
N333112: The tariff classification of a glass-doored refrigerator from China
| HTS: 8418.50.0080, 9903.88.03, free + 25%, "Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than the air conditioning machines of heading 8415; parts thereof: other furniture (chests, cabinets, display counters, show-cases and the like) for storage and display, incorporating refrigerating or freezing equipment: other." |
| Item: A glass-doored refrigerator, model number SC-98F. The refrigerator features a black cabinet, blue LED lighting, removable shelves, adjustable metal racks, a compressor powered cooling system, and a glass display door. The refrigerator has an internal volume that can hold up to 120 beverage cans. |
| Reason: N/A |
| Ruling Date: June 13, 2023 |
N333154: The tariff classification of intermediate bulk containers from China
| HTS: 8609.00.0000, free, “Containers (including containers for the transport of fluids) specially designed and equipped for carriage by one or more modes of transport”. |
| Item: Intermediate Bulk Containers, which consist of cylindrical steel vessels with a 970-liter capacity. IBCs are used to transport high purity chemicals. Each vessel is permanently affixed to a steel support frame that enables them to be transported through multiple shipping modes, principally ocean vessel and truck. The pallet-like frame bottom is specifically designed with channels to accommodate handling by forklifts and other mechanical handling equipment. |
| Reason: N/A |
| Ruling Date: June 13, 2023 |
N333177: The tariff classification of an air handler unit from China
| HTS: 8415.90.8085, 9903.88.15, 1.4% + 7.5%, "Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated; parts thereof: Parts: Other: Other: Other." |
| Item: An air handler unit available in four models. The air handler unit dispenses temperature-controlled air and is designed to be paired with various outdoor units, including the outdoor units. The air handler unit consists of a heat exchanger, expansion valve, and a blower. |
| Reason: N/A |
| Ruling Date: June 13, 2023 |
N333314: The tariff classification of an acoustic wall panel 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: An acoustic wall panel intended to absorb sound with a decorative effect. The panel consists of three layers: a veneer outer layer coated with ultraviolet, a medium-density fiberboard strip middle layer, and a sheet of 100% polyethylene terephthalate nonwoven dyed black felt inner layer. The .019 inch-thick veneer is glued to the ½ inch-thick by 1 inch-wide MDF strip. The MDF strips are spaced ½ inches between them and stapled onto a ½ inch-thick sheet of PET felt. The felt has been cut to size and is not hemmed. The panel is available in two different sizes: 21 ¾ inches square by 1 inch in depth and 20 ¾ inches in width by 1inch in depth by 102 ½ inches in length. The delineation of the panel will be the description of the wood veneer. |
| Reason: N/A |
| Ruling Date: June 13, 2023 |
N333383: The tariff classification of stone paper legal pads from China and Vietnam
| HTS: 3926.10.0000, 5.3%, “Office or school supplies of plastic." |
| Item: A legal pad containing 50 lined sheets measuring 8.5” x 11”. The pages are “stone paper” that is composed of polyethylene plastic that is formulated with a high percentage of calcium carbonate filler, specifically, 70% to 80% calcium carbonate and 20% to 30% polyethylene plastic. |
| Reason: In previous rulings CBP has classified notebooks and pads of stone paper as if the plastic component prevailed in importance. |
| Ruling Date: June 13, 2023 |
N333454: The tariff classification of a wood tray in a metal holder from China
| HTS: 4419.90.9100, 9903.88.15, 3.2% + 7.5%, "Tableware and kitchenware, of wood: Other: Other." |
| Item: A wooden tray in a metal holder. The small, round tray, is made of medium density fiberboard. It rests in a base metal holder with three small feet and an arching wire handle with a heart shape bent into the top. The piece measures approximately 10 inches from its feet to the top of the heart. It is designed to hold candy or the like. |
| Reason: N/A |
| Ruling Date: June 13, 2023 |
N332947: The tariff classification of a reusable shopping-style tote bag from China
| HTS: 4202.92.4500, 9903.88.03, 20% + 25%, "Travel, sports, and similar bags, with outer surface of sheeting of plastic, other." |
| Item: A reusable shopping bag constructed with an outer surface of plastic sheeting. The bag is designed to provide storage, protection, organization and portability to groceries or other personal effects during travel. The interior has one compartment. The bag features an open top and two handles. The article is of a durable construction and suitable for repetitive use. |
| Reason: N/A |
| Ruling Date: June 12, 2023 |
N333023: The country of origin of assorted tourist gift items
| Country of Origin: U.S. |
| Items: (1) Fixed and folding blade knives. In the U.S., the handle pieces are machined to shape and drilled for rivets from indigenous materials, such as antler, fossil bone, etc., and shipped, along with blades, screws, and rivets, to the Philippines. While in the Philippines, the pre-cut handle pieces are bonded to the blade with adhesives and rivets, and then shaped and polished. (2) Caribou antler “shovel” carvings. (3) Shaped Ulu knife handles. (4) Carved antler utility item handles. (5) Natural moose antler cut to specific length and carved to rough form before being shipped to the Philippines. |
| Reason: None of the products are substantially transformed in the Philippines as they only undergo minor processing, and already have the basic identity of the returned product when they leave the U.S. |
| Ruling Date: June 12, 2023 |