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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N335671: The country of origin of wrenches
| Country of Origin: South Korea |
| Item: A combination wrench, ratcheting combination wrench and a ratcheting combination wrench with slide lock. The wrench bodies are forged in South Korea, then finished in China. |
| Reason: The forging of the steel imparts the essential characteristics of these tools. In South Korea, the wrenches are forged and take on the general shape and size of the finished tools. Based on the provided description of the finishing operations performed in China, the forged tools are not substantially changed so as to transform them into a new article with a different name, character or use. |
| Ruling Date: Oct. 10, 2023 |
N335345: The Tariff Classification of Traction Plates from China
| HTS: 7326.90.8688, 9903.88.03, 2.9% + 25% "Other articles of iron or steel, other, other … other" |
| Item: Main Deck Traction Plates that are intended for installation on the main deck of a cargo barge. The traction plates serve a permanent anti-slip solution, specifically to ensure wheel traction during the container loading/unloading process. |
| Reason: The traction plates are added to the structure solely for enhancing traction, and they do not form a necessary part of the structure. As such, the traction plates are precluded from classification under heading 7308. Because these plates serve a significant safety function, they are not accessory fittings as described in heading 8302 |
| Ruling Date: Oct. 11, 2023 |
N335403: The tariff classification of Bendamustine Hydrochloride (CAS No. 3543-75-7) in bulk powder form, from India
| HTS: 2933.99.7500 6.5% “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Other.” |
| Item: Bendamustine Hydrochloride, an antineoplastic agentindicated for the treatment of chronic lymphocytic leukemia and indolent B-cell non-Hodgkin lymphoma that has progressed during or within six months of treatment with rituximab or a rituximab-containing regimen. |
| Reason: N/A |
| Ruling Date: Oct. 11, 2023 |
N335404: The tariff classification of men’s inmate garments from Mexico and El Salvador
| HTS: (1) 6203.43.9011; 16%, “Track suits, ski-suits, and swimwear; Other garments: Other garments, men’s or boys’: Of man-made fibers: Other: Shirts excluded from heading 6205: Other"; (2) 6211.33.9044, 27.9%, "Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Other: Trousers and breeches: Men’s: Other." |
| Item: (1) An upper body garment constructed of 65% polyester and 35% cotton woven fabric, featuring a curved, V-shaped neckline with capping; short, hemmed, raglan sleeves; a patch pocket on the left chest; and a straight, hemmed bottom. (2) A pair of trousers constructed from 65% polyester and 35% cotton woven fabric, featuring a fully elasticized waistband; a mock fly; and hemmed leg openings. While they are described as "gender neutral," the samples submitted represent men's clothing. |
| Reason: N/A |
| Ruling Date: Oct. 11, 2023 |
N335424: The tariff classification of an air compressor from Taiwan
| HTS: 8414.80.1685, free, “Portable air compressors under 0.57 cubic meters per minute." |
| Item: A mini air compressor primarily used is to inflate and deflate basketballs. The compressor is also capable of use in other applications such as filling tires, inflatable toys, balls, etc., and is portable. |
| Reason: N/A |
| Ruling Date: Oct. 11, 2023 |
N335559: The tariff classification of two expanding document organizers from China
| HTS: 4202.12.2935; 9903.88.03, 20% + 25%, "Trunks, suitcases, vanity and attaché cases and similar containers: with outer surface of plastics: other: other: attaché cases, briefcases and similar containers." |
| Items: Expanding document organizers constructed with an outer surface of polypropylene plastic sheeting. They provide storage, protection, portability, and organization to files, documents, and related accessories during travel. |
| Reason: N/A |
| Ruling Date: Oct. 11, 2023 |
N335561: The tariff classification of a women’s hooded blouse from Malaysia
| HTS: 6106.20.2010, 32%, "Women’s or girls’ blouses and shirts, knitted, or crocheted: Of man-made fibers: Other: Women’s" |
| Items: A women’s hooded blouse constructed from 92 percent polyester and 8 percent spandex knit fabric. The loose-fitting garment extends from the shoulders to below the waist and features a self-fabric hood, a cross over neckline, hemmed, long sleeves, a logo on the back panel below the neckline, and a hemmed, curved bottom with side slits. |
| Reason: N/A |
| Ruling Date: Oct. 11, 2023 |
N335573: The country of origin of the LED light
| Country of Origin: Vietnam |
| Item: An LED light comprising a lens, reflector, PBC light board, and housing (back shell). The PBC light board is made in Vietnam and the balance of the components are of Chinese origin. The PBC light board represents approximately 40% of the total cost according to the Bill of Materials. |
| Reason: Although the significant number of the parts and components are made in China and the final assembly occurs in China, the PBC light board is the single most important and critical component in the subject LED light. It possesses the predetermined end-use for the making of the LED light. The assembly operations performed in China do not substantially transform the Vietnam originating components into Chinese products, nor does it create a new and different article of commerce with a distinct character and use that is not inherent in the components imported into China. The component of the PBC light board does not lose its individual identity as a result of the assembly process in China. |
| Ruling Date: Oct. 11, 2023 |
N335322: The tariff classification of Multi Surface Cleaning Wipes and Stain Remover Wipes from China
| HTS: 3401.19.0000; 9903.88.15, free + 7.5%, "Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Soap and organic surface-active products and preparations, in the form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Other." |
| Items: (1) A plastic canister of 30 multi surface cleaning wipes, which are disposable and put up for retail sale, and used to clean various surfaces by cutting through tough grease and grime. (2) A box containing 12 individually wrapped stain remover wipes, which are disposable and put up for retail sale, and used to lift and remove stains from fabrics, including clothing or upholstery. Botjh wipes are made from a nonwoven fabric (70% polyester/30% viscose). |
| Reason: N/A |
| Ruling Date: Oct. 10, 2023 |
N335337: The tariff classification of a girls’ leotard from China.
| HTS: 6114.30.3070; 9903.88.15, 14.9% + 7.5%, "A girls’ leotard constructed of 80 percent polyester and 20 percent spandex knit fabric with an inner lining of 83 percent polyester and 17 percent spandex knit fabric, as stated in your request.’" |
| Items: A girls’ leotard constructed of 80 percent polyester and 20 percent spandex knit fabric with an inner lining of 83 percent polyester and 17 percent spandex knit fabric. The sleeveless leotard features small sequins applied on the front of the fabric, a round front neckline, a U-shaped back neckline, elasticized leg openings, and self-fabric capping on the neckline and sleeves. |
| Reason: N/A |
| Ruling Date: Oct. 10, 2023 |