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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N336122: The tariff classification of Beta Heart Oat Beta-glucans from Italy
| HTS: 1901.91.9095, 6.4%, “Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” |
| Item: The Beta Heart Oat Beta-glucans (F2556) composed of Oatwell 22 beta-glucans (oat bran), creamer (sunflower oil, maltodextrin, sodium caseinate) and vanilla (flavoring). The product is packed in plastic containers. |
| Reason: N/A |
| Ruling Date: Dec. 19, 2023 |
N337069: The tariff classification of bowling ball bags 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: Bowling ball bags. They are designed to provide storage, protection, portability, and organization to the balls and other related equipment used in the sport of bowling. Each bag is constructed with an outer surface of nylon textile material, which is a man-made fiber. |
| Reason: The bowling ball bags are of the kind provided for in HTS 4202, which includes travel, sports and similar bags. |
| Ruling Date: Dec. 20, 2023 |
N337046: The tariff classification of a rocking device from China
| HTS: 8501.10.4060, 9903.88.01, 4.4% + 25%, “Electrical motors and generators (excluding generating sets): Motors of an output not exceeding 37.5 W: Of under 18.6 W: Other: DC: Other.” |
| Item: The Rockit Rocker, which is a rocking device that is designed to be fastened to a baby stroller, crib, car seat, etc. The Rockit Rocker has a plastic enclosure containing two printed circuit board assemblies (PCBAs), a brushed DC electric motor, and rechargeable lithium batteries. |
| Reason: The electric motor within the device transforms electrical energy into mechanical power where the byproduct manifests as rocking motion, which is the function of the device. Consistent with previous rulings the Rockit Rocker is an electric motor. |
| Ruling Date: Dec. 20, 2023 |
N337037: The tariff classification of a projector from China
| HTS: 8528.62.0000, 9903.88.15, free + 7.5%, “Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Projectors: Capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471.” |
| Item: The HP Citizen Cinema Projector. The projector projects content in native FHD (1080p) resolution. It can connect to a laptop, phone, tablet, streaming stick, disc player, gaming console, and more via its HDMI port. The projector can reproduce video content from a USB memory device. |
| Reason: N/A |
| Ruling Date: Dec. 20, 2023 |
N337027: The tariff classification of a portable projector from China
| HTS: 8528.62.0000, 9903.88.15, free + 7.5%, "Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Projectors: Capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471." |
| Item: The HP Projector, Model CC180. The projector contains HDMI and USB input interfaces, which enable it to project video from external sources, such as mobile phones, tablets, computers, laptops, etc. The projector can also reproduce and playback pictures and videos stored on its internal memory or a USB memory device. It also has wireless screen mirroring capabilities. |
| Reason: At the time of importation, the projector is packaged as a set with the following accessories: a power adapter, a power cord, a remote control, two remote control batteries, a quick start guide, a warranty card, product safety information, and an HP projector service information sheet. It is the opinion of this office that the projector imparts the essential character of this set. |
| Ruling Date: Dec. 20, 2023 |
N336939: The tariff classification of and applicability of trade remedies of a heat sink assembly
| HTS: 8473.30.5100, free, "Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of heading 8469 to 8472: ... Parts and accessories of the machines of heading 8471: Not incorporating a cathode-ray tube: ... Other." |
| Items: The AORUS WATERFORCE II 360B Heat Sink Assembly. It is designed to accommodate Intel 115x,1200,1700 processors, as well as the AMD AM5, AM4 processors. The Heat Sink Assembly is made of an aluminum radiator, a copper block, three LED lighted fans, and a pump. The Heat Sink Assembly is mounted onto a personal computer’s motherboard processor to absorb heat through a copper metal plate. The heat is transferred into a sealed liquid loop where the liquid is moved via a small pump to the radiator where heat is dispersed by the fan. |
| Reason: The Heat Sink Assembly does not contain articles of headings 8541 and/or 8542 other than the LED incorporated into the lighted fans. The Heat Sink Assembly satisfies the requirements annotated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(w), Annex Enumeration (27), and the additional Section 301 duties for products from China are not applicable. |
| Ruling Date: Dec. 20, 2023 |
N336929: The tariff classification of filled and non-filled containers from China
| HTS: (1) 3827.63.0000, 9903.88.03, 3.7% + 25%, “Mixtures containing halogenated derivatives of methane, ethane or propane, not elsewhere specified or included: Containing other hydrofluorocarbons (HFCs) but not containing chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs) Other, not included in the subheadings above, containing 40 percent or more by mass of pentafluoroethane (HFC-125).” (2) 7311.00.0060, 9903.88.03, free + 25%, “Containers for compressed or liquefied gas, of iron or steel: Certified prior to exportation to have been made in accordance with the safety requirements of sections 178.36 through 178.68 of title 49 CFR or under a specific exemption to those requirements: Other.” |
| Item: (1) A steel container for the storage and transport of compressed or liquefied gases. The container valve and vessel components are non-refillable and non-reuseable. The container is constructed of 2 press-formed steel sheet shells that have a visible welded seam. The container will be filled with R410A refrigerant at the time of importation (2) The same item as Item 1 but will be empty when imported. |
| Reason: Items 1 and 2 are for the storage and transport of compressed or liquefied gases. The containers are non-refillable, not suitable for repetitive use, and are of a kind normally used for the packing, storage, and transport of R410A refrigerant. For item 1, the container and the R410A refrigerant are classified together. |
| Ruling Date: Dec. 20, 2023 |
N336915: The tariff classification of a space satellite from the United Kingdom
| HTS: 8802.60.9040, free, “Other aircraft (for example, helicopters, airplanes, except unmanned aircraft of heading 8806); spacecraft (including satellites) and suborbital and spacecraft launch vehicles: Spacecraft (including satellites) and suborbital and spacecraft launch vehicles: Other: Other.” |
| Item: A satellite that eventually will be launched into space. The satellite consists of three main assemblies: instruments for testing, power systems, and propulsion systems. The instruments include cameras for taking photos, transceivers for communication, avionics boards for controlling flight, a computer for processing, and antennas for communication. The power systems consist of batteries, a solar array and solar array motors. The propulsion system consists of oxidizer tanks, fuel tanks, and thrusters. |
| Reason: The item is an actual satellite (space vehicle/craft), which will be launched into space. This differs from the satellite antennas (earth bound transceiver units). A satellite vehicle/craft would be beyond the scope of heading 8517, HTSUS. Additionally, satellites are provided for specially elsewhere in the tariff. |
| Ruling Date: Dec. 20, 2023 |
N336913: The tariff classification of a seat from China
| HTS: 9401.80.6025, 9903.88.04, free + 25%, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats: Other: Other seats for children.” |
| Item: The “Minnie Mouse Plush Toy Chair” is a child seat. The seat foundation, backrest, and the armrests are constructed of a 100% polyester plush shell with zipper closures and filled with 100% polyurethane foam. Seating is provided for a single individual. |
| Reason: This item is used first as a seat with any play value being incidental to its utilitarian function of providing a seating area for a young child. Consequently, the article is not classifiable as a toy in heading 9503 of the Harmonized Tariff Schedule (HTS). |
| Ruling Date: Dec. 20, 2023 |
N336848: The tariff classification of clipboards from China
| HTS: 4823.90.6700, 9903.88.03, free + 25%, "Other paper, paperboard, cellulose wadding and webs of cellulose fibers, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibers: Other: Other: Other: Of coated paper or paperboard: Other." |
| Item: A clipboard constructed of 3mm-thick greyboard (paperboard). The clipboard has an iron clip attached by means of two rivets, and there are four decorative iron corners. |
| Reason: N/A |
| Ruling Date: Dec. 20, 2023 |