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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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Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

N334086: The tariff classification of a razor from China

HTS: 8212.10.0000, 9903.88.15, free + 7.5%, “Razors and razor blades (including razor blade blanks in strips), and base metal parts thereof: razors.”
Item: A disposable, over-molded razor with a safety cap. The handle is made from clear acrylonitrile butadiene styrene (ABS) plastic, the blade is stainless-steel, and the safety cap is clear polypropylene plastic. The razor measures 3.5 inches in length.
Reason: N/A
Ruling Date: Aug. 3, 2023

N334271: The tariff classification of a craft supply kit from China

HTS: 3926.90.3500, 9903.88.15, 6.5% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [b]eads, bugles and spangles, not strung (except temporarily) and not set; articles thereof, not elsewhere specified or included: [o]ther.”
Item: The “Make Shoppe Bead PDQ” craft kit, which features a clear, plastic container with 15 small compartments that will include different styles of plastic beads in each section. O version includes a cord with a metal lobster clasp and the other will simply have a piece of cord.
Reason: Due to the significant count of beads in comparison to the other components, these kits would not constitute sets containing unassembled imitation jewelry.
Ruling Date: Aug. 3, 2023

N333864: The tariff classification and country of origin of Smoked Salmon

HTS: 0305.41.0000, 5%, “Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process: Smoked fish, including fillets, other than edible fish offal: Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho).”
Item: Sockeye salmon harvested in the U.S. then exported to Denmark where it will be filleted and smoked. The frozen product, which will be packed in 4-ounce and 8-ounce retail sized packages, will be imported into the U.S. for sale to supermarket chains.
Reason: N/A
Ruling Date: Aug. 2, 2023

N333948: The tariff classification of an insulated cooler bag from China

HTS: 4202.92.1000, 9903.88.03, 3.4% + 25%, "Insulated food and beverage bags, with outer surface of sheeting of plastic or of textile materials, other."
Item: An insulated cooler bag constructed with an outer surface of polyvinyl chloride plastic sheeting. The cooler bag provides storage, protection, organization and portability to food or beverages during travel. It is also designed to maintain the temperature of food and beverages. There is a layer of foam plastic between the lining and the outer layer. The cooler bag features a zippered closure and one top handle. It has two straps that allow the user to wear it over the shoulder on the back. The front exterior features one zippered pocket.
Reason: N/A
Ruling Date: Aug. 2, 2023

N333951: The tariff classification of car trunk organizers from China

HTS: 4202.92.9100, 9903.88.03, 17.6% + 25%, "Other containers and cases, with outer surface of sheeting of plastic or of textile materials, other, other, with outer surface of textile materials, of man-made fibers (except jewelry boxes of a kind normally sold at retail with their contents)."
Items: Car trunk organizers are designed to provide storage, protection, organization, and portability to items such as books, toys, water bottles, auto accessories, or other personal effects. Each organizer is box-shaped and constructed with an outer surface of man-made textile material.
Reason: N/A
Ruling Date: Aug. 2, 2023

N333961: The country of origin of thermal paper rolls

Country of Origin: Mexico
Items: Rolls of direct thermal coated paper measuring 3 1/8 inches in width by 230 feet in length. The paper rolls are used for point-of-sale cash register receipts.
Reason: Goods classified in heading 4811 must undergo a change as follows: “A change to paper or paperboard in strips or rolls of a width not exceeding 15 cm of heading 4811 from strips or rolls of a width exceeding 15 cm of heading 4811 or any other heading, except from heading 4817 through 4823.” The jumbo rolls of paper exported from Brazil exceed 15cm in width and the manufacturing in Mexico renders paper rolls that are less that 15cm in width. Therefore, the tariff shift rule has been met.
Ruling Date: Aug. 2, 2023

N333963: The tariff classification of footwear from China

HTS: 6404.11.7190, 9903.88.15, 7.5% + 7.5%, “Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: Sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like: Other: Valued over $3 but not over $6.50/pair: Other: With uppers of vegetable fibers and having outer soles with textile materials having the greatest surface area in contact with the ground, but not taken into account under the terms of additional U.S. note 5 to this chapter: Other.
Item: A closed toe, closed heel, below the ankle, infant’s sneaker. The external surface area of the upper consists predominantly of cotton textile material with a rubber/plastic toe cap. The shoe has two straps with hook and loop closures across a separately attached tongue. The rubber or plastics outer sole has textile material covering most of the surface area in contact with ground. The sole overlaps the upper by at least 1/4 of an inch thereby constituting a foxing-like band.
Reason: N/A
Ruling Date: Aug. 2, 2023

N334040: The tariff classification of yeast beta glucan from China

HTS: 3913.90.9020, 9903.88.03, 5.8% + 25%, "Natural polymers and modified natural polymers, not elsewhere specified or included, in primary forms: other: polysaccharides and their derivatives. other."
Item: Yeast beta glucan. It is a natural polysaccharide derived from yeast. The product is composed of 80 percent yeast beta glucan, 10 percent ash, and 10 percent water. It will be imported in bulk form in either 20 kg or 25 kg drums. You state that the product will be used as an ingredient in cosmetics.
Reason: N/A
Ruling Date: Aug. 2, 2023

N334072: The country of origin of dimmer switches

Country of Origin: Vietnam
Items: Paddle-style dimmer switches intended to be used to control the operation of residential lighting and comprised of printed circuit board assemblies (PCBA), molded plastic bodies, metal mounting plates, terminals, heat sinks, and more. The dimmers are assembled in Vietnam from components sourced from China.
Reason: The PCBA utilized in each of the dimmer switches establishes the function of the switch because it is the article within the assembly that opens and closes the electrical circuit and provides the dimming function.
Ruling Date: Aug. 2, 2023

N334107: The tariff classification of a decorative polyresin statuette from China

HTS: 3926.40.0090, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles: other.”
Item: An ornamental statuette, which is made from 80% polyresin plastic and 20% natural limestone powder, depicts a fairy with brown hair that is kneeling and resting her hands on her knees. She is wearing a dress and features two sets of wings on her back.
Reason: N/A
Ruling Date: Aug. 2, 2023