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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N336919: The tariff classification of a silicone body scrubber from China
| HTS: 9603.29.8090, 3.6%, “Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued over 40¢ each: [Other.” |
| Item: A “Silicone Body Scrubber," a brush made wholly of molded silicone plastic, which is circular in shape and features small bristles on the front that are intended to remove dirt and cleanse the skin. On the back is a handle with four finger holes. |
| Reason: This would be considered a toilet brush for use on the person is similar to the one ruled upon in New York ruling letter N335487. |
| Ruling Date: Dec. 14, 2023 |
N336900: The tariff classification of an iron tree topper and decorative picks from China
| HTS: (1) 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; …: Statuettes and other ornaments, and parts thereof: Other." (2) 9505.10.2500, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Item: A set that includes (2) one tree topper and (1) 6 decorative picks. All of the items are made of gold-painted iron. The Christmas tree topper ornament depicts a bird in flight atop a spiral wire base for simple, secure attachment to the top of a Christmas tree. Each pick represents a different shape of a bird in flight. The stake does not bend, and it doesn't possess any other characteristics that would help it attach to tree branches. The decorative picks can be placed on the Christmas tree, or placed into planters in the same room to add to the Christmas decor. The picks are more suited for general decorations, not Christmas tree decorations. The tree topper and 6 decorative picks will only be sold online or on QVC TV and will be marketed and sold specifically for Christmas. You state these items will be imported and sold together in one plain brown cardboard package, which doubles as the ship-to-customer packaging. |
| Reason: They cannot easily be used to decorate a Christmas tree. Their physical appearance is not so intrinsically linked to Christmas such that their use during other time periods would be aberrant. They may be used to decorate floral arrangements, centerpieces, plants, wreaths, gift packages, etc. on various occasions throughout the year. The tree topper and the decorative picks are not so related as to be clearly intended for use together or in conjunction with one another for a single purpose or activity. The tree topper and decorative picks do not constitute a "set", according to the above definition and must be classified separately. |
| Ruling Date: Dec. 14, 2023 |
N336858: The tariff classification of an inkjet printer from China
| HTS: 8443.32.1040, 9903.88.15, free + 7.5%, "printing machinery used for printing by means of plates, cylinders and other printing components of heading 8442; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof: other printers, copying machines and facsimile machines, whether or not combined: other, capable of connecting to an automatic data processing machine or to a network: printer units: ink jet." |
| Item: A K600i Digital UV Inkjet Printer. The printer is used for printing variable data onto a wide range of substrates. The printer uses Piezo Ink Jet Technology with UV curable ink for printing onto labels, tags, tickets, forms, security products and direct mail. |
| Reason: N/A |
| Ruling Date: Dec.14, 2023 |
N336783: The tariff classification of an artificial Christmas tree from China
| HTS: 9505.10.2500, free, "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Item: A robotic Christmas tree, which consists of a tabletop pre-lit, fully decorated artificial Christmas tree. The item is made predominantly of plastic. The item is decorated with permanently attached lights, ball ornaments and a star on top. When plugged into a power source and activated by the on/off switch, the item illuminates and plays Christmas music, can stream music, and can appear to dance. The item will be marketed and sold exclusively for Christmas. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2023 |
N336780: The tariff classification of a fanny pack from China
| HTS: 4202.92.3131, 9903.88.03, 17.6% + 25%, "Travel, sports, and similar bags, with outer surface of textile material, other, other, of man-made fibers." |
| Item: A fanny pack. It is made of 100% polyester which is a man-made textile material. The fanny pack is designed to be worn around the waist for hands-free storage of personal effects during sport activities and travel. It also provides protection, portability, and organization to its contents. The article has a top zippered closure and one adjustable textile strap with a plastic snap closure. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2023 |
N336774: The tariff classification of two backpacks from Cambodia
| HTS: 4202.92.3120, 17.6%, "Travel, sports, and similar bags, with outer surface of textile materials, of man-made fibers, backpacks." |
| Items: Children’s backpacks. Each is constructed with an outer surface of 100% polyester, which is a man-made textile material. The backpacks are designed to provide storage, protection, organization, and portability to the children’s personal effects during travel. Each features a zippered closure, one zippered pocket, and two handles. The back of each pack has two straps that allow the user to wear it over the shoulders on the back. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2023 |
N336758: The tariff classification of a metal planter art kit from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: A Paint and Plant art kit. This craft kit contains 3 metal planters with a metal tray, 3 decorative plaster garden picks (in the shape of a flower, a butterfly, and a ladybug), stickers, paints, paint brushes, and peat soil pellets. The user can decorate the planters, tray, and plaster garden picks with the included stickers and paints. The user would then use the peat soil pellets to grow flowers in the 3 metal planters. When completed, this item will be used as a planter. |
| Reason: The subject paint and plant art kit to be a set for tariff classification purposes. The paint, stickers, and peat pellets will be depleted in the decoration of the planters and the growing of flowers, whereas the base metal planters and the plaster garden picks can continue to be used. We find that the base metal planters, which function to hold and display plants, impart the essential character to the set. |
| Ruling Date: Dec. 14, 2023 |
N336672: The tariff classification of industrial wastewater pretreatment systems from Singapore
| HTS: (1), (2) 8421.21.0000, free, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: For filtering or purifying water.” |
| Item: (1) Two ultrafiltration (UF) membrane vessels, which are a series of racks containing ultra filtration hollow-fiber membranes submerged in an open-topped rectangular vessel. The vessel itself is painted carbon steel, and the membranes are connected via plastic pipe that makes the headers. The hollow fibers are polyvinylidene fluoride (PVDF) membrane fibers connected via headers to a pump system that is controlled via a simple programmable logic controller (PLC) system. The two vessels will be set up to run in parallel with simple, staggered on/off timers. Water is sucked through the hollow fiber membranes in staggered time frames - usually 8 minutes on and 2 minutes off for each vessel. The UF water is sucked through the membranes then pumped into a holding tank to stage for the nanofiltration step. (2) The nano-filtration (NF) membrane skid, which is a series of six membrane tubes, three pumps, two guard filters, flow meters, pressure gauges, and all electronics and PLC controls mounted to a carbon steel skid. This skid is used in conjunction with the UF membrane vessels to further clean the wastewater stream. The water is pumped from a holding tank, first through a feed pump, then through two melt blown filter cartridge housings. Then the water is then shipped through a high-pressure pump where it is pressurized to a higher level (approximately 50 PSI) and pumped through the first stage of the NF membranes. Finally, the water flows through a booster pump before flowing through the second stage of NF membranes. The complete machine will be imported partially disassembled. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2023 |
N336570: The tariff classification of gloves from Pakistan
| HTS: 6116.10.5520, 13.2%, "Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other: containing 50 percent or more by weight of cotton, man-made fibers or other textile fibers, or any combination thereof: subject to man-made fiber restraints." |
| Item: A polyurethane dipped, string knit work glove constructed of 92% high performance polyethylene, 7.7% nylon, 0.3% spandex. The polyurethane coating covers the palm and overlaps a portion of the backside fingers, sides and palm side cuff. The glove contains over 50% by weight of textile fibers. The glove features an overlock stitch finish at the cuff bottom. |
| Reason: N/A |
| Ruling Date: Dec. 14, 2023 |
N337045: The tariff classification of paper gift bags from Vietnam
| HTS: (Width less than 15.75") 4819.40.0040, free, "Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Other sacks and bags, including cones; Other." (Width greater than 15.75") 4819.30.0040, free, “Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Sacks and bags, having a base of a width of 40 cm or more: Other.” |
| Item: Three styles of printed paper gift bags. The bags will be imported in a variety of sizes. Style 171596 measures 12.75” H x 10” W x 5” deep, is printed with a holiday shark motif, and has knotted cord handles. Style 171647 also measures 12.75” H x 10” W x 5” deep, is printed with Santas, reindeer, elves, and penguins, and has woven textile ribbon handles. Style 171589 measures 9.75” H x 7.75” W x 4” deep, is printed with a holiday avocado motif, and has woven textile ribbon handles with an attached die-cut, paperboard gift tag. Each of the bags is made of paper weighing 157 grams per square meter. The paper is CMYK-printed and is laminated with plastic. Each of the bags has a plastic hanger and is to be sold individually at retail. |
| Reason: N/A |
| Ruling Date: Dec. 15, 2023 |