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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N333837: The tariff classification of a hanging iron wire rack 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 Planter Shelf consisting of a square iron wire framework with a wire shelf at the bottom that is supported by a decorative wire S-scroll on each side. Five medium density fiberboard slats are mounted horizontally on the front of the frame. Three iron hooks are attached to the top MDF slat to allow for the hanging of garden tools. There is twine strung across the back to hang the shelf on a wall. The shelf can also stand alone on a table top or other flat surface. |
| Reason: N/A |
| Ruling Date: July 20, 2023 |
N333889: The country of origin of stainless steel sheet
| Country of Origin: Indonesia |
| Items: Polished and coated Grade 304 or 430 stainless steel sheet. This cold-rolled, cut-to-length sheet ranges in thickness from 0.018” (0.45 mm) to 0.135” (3.42 mm) and has a width up to 60” (1524 mm). The nickel content ranges from .75% to 10.5%. The sheets are made to ASTM A240/A240M and will be used in the production of end use products such as appliances or outdoor grills. |
| Reason: The imported stainless steel sheet did not undergo a substantial transformation in China. The manufacturing operations performed in China such as polishing, slitting, PVC and anti-fingerprint coating, and cutting to length did not change the name, character or use of the sheet. |
| Ruling Date: July 20, 2023 |
N334037: The tariff classification of 3,4-Epoxycyclohexylmethyl-3',4'-Epoxycyclohexane Carboxylate, (CAS No. 2386-87-0) from China
| HTS: 2918.99.5000, 4%, "Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other." |
| Item: The material in question is 3,4-Epoxycyclohexylmethyl-3',4'-Epoxycyclohexane Carboxylate. The material is in pure form where any other components are unintended impurities. The substance will be used as raw material for UV cured or other cured resins used in electronic devices, inks and/or paints. |
| Reason: N/A |
| Ruling Date: July 20, 2023 |
N333675: The tariff classification and country of origin of Frozen Squid
| Country of Origin: U.S. |
| HTS: 0307.43.0024, free, "Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption: Cuttlefish and squid: Frozen squid: Other: Loligo pealei." |
| Item: Uncleaned, and frozen squid of U. S. origin harvested from the Food and Agriculture Organization (FAO) of the United Nations Major Fishing Area 21 then shipped to China. In the latter country, the squid will be thawed, cleaned, beheaded, gutted, and skinned. The cleaned tubes will either remain whole or cut into rings. The squid will be packed in various combinations such as tubes with tentacles, rings with tentacles, solely rings or tubes. The products will be blast frozen in 2.5-pound blocks, packed in polyurethane bags and heat sealed. |
| Reason: N/A |
| Ruling Date: July 19, 2023 |
N333677: The country of origin of a pressure sensor
| Country of Origin: (1) U.S. (2) Mexico |
| Item: A pressure sensor, which is a small profile, media compatible, piezoresistive silicon pressure sensor packaged in a 316L stainless steel housing. The product is designed for OEM applications where compatibility with corrosive media is required. Once the die is packaged into the stainless-steel housing, it becomes compatible with semiconductor Chemical Vapor Deposition gases. The sensor helps measure the amount of gas that enters the chambers of semiconductor manufacturing equipment. The sensing package utilizes silicone oil to transfer pressure from the 316L stainless steel diaphragm to the sensing element. |
| Reason: (1) The wafer of United States origin is the essential component of the finished good, and the assembly operations conducted in China do not substantially transform the wafer as a result of encapsulating, soldering, gluing and welding the wafer with additional components. (2) Since all the foreign materials are classified outside of subheading 9026.20, HTSUS, the requisite tariff shift rule is met. |
| Ruling Date: July 19, 2023 |
N333739: The tariff classification of Zardetto Spritz from Italy
| HTS: 2206.00.6000, 13.9¢/liter, "Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: other: Effervescent wine." |
| Item: Zardetto Spritz, a ready-to-drink Spritz cocktail. It is said to contain 91% white wine, 7%, 1.276% osmotised water, 0.7%infusion of natural herbs, 0.015% sulfites, 0.005% Yellow #6, and 0.004% Red #40. Carbon dioxide is added during bottling. The item contains 2.5 bars of pressure and 0.42 grams of carbon dioxide per 100 milliliters of wine. Zardetto Spritz is packaged in 200 ml glass bottles and has an ABV content of 10%. |
| Reason: N/A |
| Ruling Date: July 19, 2023 |
N333861: The tariff classification of self-adhesive stickers from China
| HTS: 3919.90.5060, 9903.88.02, 5.8% + 25%, "self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes of plastic; whether or not in rolls: other: other: other." |
| Item: Halloween Nail Tattoos. The “tattoos” are thin plastic self-adhesive nail shapes with various Halloween designs such as jack-o-lanterns, spiders and spider webs. The “tattoos” are designed to adorn fingernails temporarily. |
| Reason: N/A |
| Ruling Date: July 19, 2023 |
N333893: The tariff classification of a party decoration from China
| HTS: 9505.90.4000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof.” |
| Item: Plastic Star Tinsel Foil Fringe Curtain, which consists of a flimsy wall-hanging party decoration. The insubstantial article is composed of thin polyvinyl ethylene terephthalate sheeting cut into a fringe of vertically hanging strands of stars. The article can be attached to a wall by the adhesive strip at the top. |
| Reason: The fragile decoration is designed for one-time use as a disposable party decoration. It would not be possible to fold and store the flimsy decoration for reuse. |
| Ruling Date: July 19, 2023 |
N333918: The tariff classification of a keychain from China
| HTS: 7326.90.8688; 9903.88.03, 2.9% + 25%, "other articles of iron or steel, other…other." |
| Item: A keychain comprised of a zinc split wire ring attached by a short zinc chain to an iron butterfly charm. The butterfly charm is adorned with three shades of blue paint to visually simulate a butterfly’s wings. |
| Reason: N/A |
| Ruling Date: July 19, 2023 |
N333944: The tariff classification of Cane Sugar Maple Flakes from Canada
| HTS: 1701.91.8000, 5.1%, “Cane or beet sugar and chemically pure sucrose, in solid form...containing added flavoring matter whether or not containing added coloring... articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...other.” |
| Item: Cane Sugar Maple Flakes made of 75 percent cane sugar and 25 percent maple syrup on a dry basis. The polarity for the product is 96.7 degrees. No coloring or flavoring is added to the product. The product is similar in size to granulated sugar and can be added to coffee, breakfast cereals, oatmeal, spice mixes, dessert finishes, and other products such as dairy, salads, meat, and fish. The anticipated retail packaging is in 500 gram bags. |
| Reason: N/A |
| Ruling Date: July 19, 2023 |