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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N336180: The tariff classification of a wallet replacement chain from China
| HTS: 7326.90.8688, 9903.88.03, 2.9% + 25%, “Other articles of iron or steel, other…other." |
| Item: A wallet replacement chain, wallet chain or biker wallet chain. The product comprises an iron chain, copper snap hook, zinc ornament, leather strap, and hardware. The good's principal use in the U.S. is to secure and prevent loss or theft of wallets, keys and other personal items.” The user will fasten the wallet to one end of the chain and attach the other end of the chain to his belt or belt loop. The wallet replacement chain is ready for retail sale at the time of importation into the U.S. and will be sold as a stand-alone item. |
| Reason: The function of the metal components is to allow the user to secure his wallet to his belt or belt loop. Further, based on the breakdown of materials provided, the metal predominates by bulk and weight over the leather. The metal components impart the essential character to the composite article. |
| Ruling Date: Nov. 9, 2023 |
N336241: The tariff classification of a costume from China and Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Item: The Big Wolf on Campus costume, which consists of a man-made textile pullover fleece hooded sweatshirt, full head mask and a single fingerless glove which you refer to as a glovelett. It features a large tear midway up the wearer’s right sleeve with a patch of fur protruding from the opening and the wearer’s left sleeve appears to have the end of the sleeve torn off showing an attached furry fingerless glove. |
| Reason: The flimsy long-sleeved sweatshirt imparts the essential character of the set. |
| Ruling Date: Nov. 9, 2023 |
N335974: The country of origin of ForeSight tissue oximetry sensors
| Country of Origin: Mexico and Malaysia |
| Item: Sensors consisting of a flexible printed circuit board assembly, two photodiodes, an LED emitter, a 1024 bit 1-wire EEPROM chip, a molded plastic top guide and bottom guide, a foam top cover, a bottom foam laminate, a foam gasket, adhesives, a release liner, various tapes, and labels. One sensor will have a PCBA completed in Malaysia, and the other in Mexico. |
| Reason: The last substantial transformation of the sensor takes place in Mexico or Malaysia where the PCBA manufacturing operations occur. Furthermore, the PCBA forms the “brain” of the sensor and determines how the sensor operates. It imparts the essence of the sensor. As such, the PCBA of the sensor determines the country of origin of the sensor. |
| Ruling Date: Nov. 8, 2023 |
N335991: The tariff classification of Lego minifigure snap button and lanyard system starter set from China
| HTS: 7117.19.9000, 9903.88.15, 11% + 7.5%, "Imitation Jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other." |
| Item: The Lego minifigure snap button and lanyard system starter set. It includes one lanyard and two Lego minifigure snap buttons that attach to the lanyard with corresponding metal snaps. The lanyard is comprised of polyester printed with Lego designs and includes a plastic lock, metal snaps, and a metal utility hook. The Lego minifigure snap buttons are made of base metal and enamel. |
| Reason: The essential character of this product is imparted by the base metal because it predominates in visual impact, value, and weight. |
| Ruling Date: Nov. 8, 2023 |
N335993: The country of origin of a television broadcast antenna
| Country of Origin: Taiwan |
| Item: An antenna is used for over-the-air, high-definition television broadcasts. Bare printed circuit boards are made in China and sent to a third-party surface mount technology facility in Taiwan. The chip caps and inductors are sourced in Taiwan. The antenna is assembled in Taiwan by soldering the cable (TPG) and the UHF cable to the PCB, utilizing specialized jigs to hold the PCB still. Then, the two dipoles are attached to the PCB by two screws. Next, the internal components are enclosed in the Chinese front and rear shells, and the Chinese rubber feet are attached |
| Reason: The PCBAs that are manufactured in Taiwan impart the dominant character of the finished antenna. The complex SMT manufacturing production of the PCBA involves the placement and soldering of numerous individual components onto bare PCBs, thereby creating a functional PCBA, which results in a substantial transformation. |
| Ruling Date: Nov. 8, 2023 |
N336022: The tariff classification of the “RespoFit” diaphragm exerciser from Egypt
| HTS: 3926.90.9985, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other." |
| Items: The “RespoFit” diaphragm exerciser. It is intended to help the user to learn and practice diaphragmatic breathing, to strengthen the diaphragm and help breathing efficiency. The “RespoFit” is cylindrical and has the shape and size of a water bottle. It has a mouthpiece that the user breathes into when holding it horizontally. Inside the “RespoFit” is a cylindrical weight which is moved along the inner wall of the body by the pressure of the breath. |
| Reason: The “RespoFit” is not needed for any particular sport or physical exercise nor is it similar to the exemplars in the Explanatory Notes which includes equipment for "general physical exercise” such as rowing, cycling, treadmill, stair steppers, and other exercising apparatus, dumbbells, barbells, climbing ropes, medicine balls, chest expanders, and grips. As the “RespoFit” also does not provide or enhance any physical exercise, sport or activity, therefore, classification under heading 9506 is not appropriate. |
| Ruling Date: Nov. 8, 2023 |
N336087: The tariff classification of Printed Circuit Board from China
| HTS: 8534.00.0040, 9903.88.03, free + 25%, “Printed circuits: Plastics impregnated, not flexible type: Having a base wholly of impregnated glass: Other.” |
| Item: A bare printed circuit board comprising of a rigid insulating substrate with printed circuit pathways. This PCB does not incorporate any additional electrical elements or components, it is an unpopulated PCB. The PCB is made from FR-4 glass reinforced epoxy laminate material. It is non-flexible and possesses 2 conductive layers of copper, one on top and the other on the bottom of the substrate. |
| Reason: N/A |
| Ruling Date: Nov. 8, 2023 |
N336109: The tariff classification of an enzyme preparation from New Zealand
| HTS: 3507.90.7000, free, ““Enzymes; prepared enzymes not elsewhere specified or included: other: other.” |
| Item: An enzyme preparation consisting of an active ingredient Aloxsyn (allene oxide synthase, enzyme) in a liquid mix of trehalose (cryoprotectant), sodium chloride (enzyme stabilizer), tris (pH stabilizer), Triton-X 100 (enzyme stabilizer), and water. It is crimson red in color and will be imported frozen in single use 2ml vials. Several vials will be securely packaged alongside a product leaflet inside a snap lock container. The product will be used as an animal In-Vitro Production (IVP) media additive across a variety of species, including bovine, that targets lipid peroxides in assisted reproductive technology applications. |
| Reason: N/A |
| Ruling Date: Nov. 8, 2023 |
N335839: The tariff classification of footwear from China
| HTS: (1) 6404.19.3760, 12.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: Other: Footwear with open toes or open heels: Other: With uppers of textile material other than 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: For women." (2) 6404.19.8760, 12.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: other: other: valued over $6.50 but not over $12/pair: other: footwear with uppers of textile material other than 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: for women. |
| Items: (1) An open-toe/open-heel, below-the-ankle, women’s shoe. The shoe has an approximately three inch high heel. The upper is attached to the outer sole by adhesive construction. (2) A closed-toe/closed-heel, above-the-ankle, below-the-knee, women’s boot. The upper is affixed to the outer sole by adhesive construction. The esau is 100% polyester textile material. |
| Reason: N/A |
| Ruling Date: Nov. 7, 2023 |
N335842: The tariff classification of a sports bag from Vietnam
| HTS: 4202.92.3131, 17.6%, "Travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other.” |
| Items: A sports bag. It is constructed of 100 percent nylon, which is a man-made textile material. In your correspondence, you also stated that the outer surface of the bag is not coated with plastic sheeting. The article is designed to provide storage, protection, portability, and organization to ski poles and other related accessories. It features an open top and two plastic clips. The bottom features an adjustable cord. |
| Reason: (1) It is the water hyacinth plaiting material which imparts the essential character of the storage basket. (2) All processes of manufacture occur in Vietnam. |
| Ruling Date: Nov. 7, 2023 |