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:
Sign up for a free preview to unlock the rest of this article
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.
N339022: The country of origin of wheel bearings
| Country of Origin: Thailand |
| Item: The wheel bearings under consideration are double row ball bearings and tapered roller bearings. The anti-friction bearings are angular contact bearings used in the suspension and braking systems of motor vehicles. The bearings consist of inner and outer rings, roller elements, a cage, a seal ring, and dust covers. The process begins in Thailand by cutting pipe. The resulting pieces are then turned and afterwards treated using a heat treatment process. The rings then undergo grinding and super-fine grinding processes using a Computer Numerical Control (CNC) grinding machine. The inner diameter of the inner ring undergoes an additional grinding process. The grinding processes form the raceways of the inner and outer races. The completed races are cleaned and inspected. |
| Reason: The assembly of the ball and roller bearings is considered simple assembly, and the Chinese components are not “substantially transformed” by the assembly operations that occur in Thailand. Instead, the country of origin of the races, which are the essence of anti-friction bearings, are considered when determining the country of origin of the ball and roller bearings. In this instance, the inner and outer races of both types of bearings are formed in Thailand. |
| Ruling Date: April 16, 2024 |
N338972: The tariff classification of corrugated paperboard boxes from India
| HTS: 4819.10.0040, 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: Cartons, boxes and cases, of corrugated paper or paperboard: Other.” |
| Item: A one-piece folding box that is made of corrugated paperboard material. These corrugated paperboard boxes may come in various sizes. That the principal use of these corrugated boxes is the packaging of goods. The boxes are not for food or beverage use. |
| Reason: N/A |
| Ruling Date: April 16, 2024 |
N338956: The Tariff Classification, Country of Origin, and Marking of Frozen Octopus
| HTS: 1605.55.6000, free, “Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Octopus: Other. |
| Country of Origin: Philippines |
| Marking: Philippines |
| Item: Octopus with scientific name Cyanea Gray is caught in the Philippines, frozen, and then shipped to China. In China, the raw product will be inspected, gutted, washed, processed with an acidity regulating product, quick blanched, cooled, graded, weighed, packaged after ozone disinfection, frozen, metal detected, and packed for shipment. The product will be packed in bulk based on sizes, such as 4-5 pieces of octopus per 20 lb. carton, and shipped frozen from China to the United States for sale to wholesalers, distributors, and food service and retailers. The intended uses are for sashimi, poke and ceviche, and further cooking for grilled octopus, siete mares, tacos and takoyaki. |
| Reason: Regarding the above-described frozen octopus, this office finds that the article is not substantially transformed due to processing that is performed in China. |
| Ruling Date: April 16, 2024 |
N339520: The tariff classification and marking of notebooks from China
| HTS: 4820.10.2060, 9903.88.03, free + 25%, “Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles: Other.” |
| Marking: Acceptable marking for the notebooks would include ink marking, a sticker, or a hangtag that read, “Made in China” in a permanent, indelible, legible, and conspicuous manner. Other marking methods could qualify as well, provided that the marking met the requirements of Section 304 above. |
| Item: A notebook containing 80 lined pages glue-bound between polyurethane covers. The notebook includes a ribbon page marker and elastic loop closure. The outer dimensions of the notebook measure approximately 5” x 7”. |
| Reason: N/A |
| Ruling Date: April 17, 2024 |
N339173: The country of origin of a wind turbine internal steel structure
| Country of Origin: China |
| Item: The wind turbine steel structure is composed of front and rear subassemblies, H-beams, and plates, which are assembled in Mexico by drilling and welding. The production process begins in China where the lower frame subassemblies for the front and rear of the structure are manufactured. The Chinese front and rear subassemblies are finished components that are imported into Mexico unassembled and then tack welded together. These subassemblies make up the lower frame for the entire structure. Essentially, they create the support for the wind turbine structure. Next, H-beams which are sourced from South Korea, are drilled, and fitted to the top of the front and rear subassemblies. Then, small plates sourced from Mexico are laser cut, welded, and joined to sections of the structure. Lastly, the completed structure is hot-dipped galvanized and then exported disassembled, in one shipment to the United States. |
| Reason: The addition of the H-beams and the plates performed in Mexico would not substantially transform the internal steel structure into a new and different article of commerce with a name, character, and use distinct from that of the exported good; nor are the assembly operations complex enough to transform the internal steel structure into a new article. |
| Ruling Date: April 17, 2024 |
N339091: The country of origin of a wheel hub assembly
| Country of Origin: Thailand |
| Item: A Double Flanged Wheel Hub Assembly with Ball Bearing. The ball bearing wheel hub assembly will be entered without any additional features, such as anti-lock braking components and splining. The wheel hub bearing assembly primarily consists of caged balls, an inner ring and inner and outer flanges. The flanges directly mate with the suspension and other vehicle components. |
| Reason: The country of origin of the inner ring and the outer flange, which are the races with precision raceways, the essence of anti-friction bearings, are considered when determining the country of origin of the ball bearing. |
| Ruling Date: April 17, 2024 |
N339059: The tariff classification of tree collars from China
| HTS: (1) 6304.91.0140, 9903.88.15, 5.8% + 7.5%, “Other furnishing articles, excluding those of heading 9404: Other: Knitted or crocheted: Of man-made fibers.” (2), (3) 6304.93.0000, 9.3%, “Other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of synthetic fibers.” (4) 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 tree collar made from various face fabrics. The tree collars included under this item number are sold in four assorted designs made from different fabrics. (1) Design #1 is made from knit fabric of red and white yarns and red manmade strip forming a striped pattern. (2) Design #2 is made from yarn dyed, 100 percent polyester woven fabric. The yarns in the fabric form a red, green and white plaid design. (3) Design #3 is made from a woven fabric, dyed red, to which red plastic sequins are applied by sewing. The sequins do not completely cover the underlying fabric. (4) Design #4 is made of 100% polyester woven fabric, also dyed red. A strip of black nonwoven fabric is applied to the front-center and runs the length of the collar. A single gold, plastic, square “buckle” is attached over the black strip at the center of the collar. The collar resembles the waist section of a Santa Claus suit with a black belt and gold buckle. The tree collars are formed from cutting the front and lining fabrics in the shape of an arc, joining the two fabrics together, sewing a binding around the edges, and adding a hook and loop strip to each end. The two ends are fastened together using the hook and loop strip under the tree as a decorative addition that is intended to hide a Christmas tree stand. The tree collar has an assembled height of 9 ½ inches; an upper diameter of 17 inches; and a lower diameter of 23 inches. Each collar will be sold separately, rolled and wrapped in a paper band that states either, “Christmas Tree Collar” or “Holiday Style Tree Collar.” |
| Reason: N/A |
| Date: April 17, 2024 |
N339299: The tariff classification of gloves from China
| HTS: 6116.10.7520, 13.2%, “Gloves, mittens and mitts, knitted or crocheted: Impregnated, coated, covered or laminated with plastics or rubber: Other: With fourchettes: 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 pair of women’s casual gloves. The glove’s outer shell from fingertips to wrist is stated to be constructed of 100% polyester with a cellular plastic polyurethane coating. This polyester fabric is woven but your supplier has stated that it is knit. We find it to be a knit fabric that has been brushed. The glove features fourchettes, a knit lining and an extended knit cuff with a thumb hole measuring approximately 8 inches that can fold up over the hand. You have stated that the outer shell is 50% polyester and 50% plastic. |
| Reason: The essential character of the glove is imparted by the coated knit outer shell fabric. |
| Ruling Date: April 18, 2024 |
N339254: The tariff classification of stranded wire rope/cable from China
| HTS: 7312.10.7000, 9903.88.03, free + 25%, “Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated: Stranded wire, ropes and cables: Ropes, cables and cordage other than stranded wire: Other: Fitted with fittings or made up into articles.” |
| Item: Stranded wire cable used in a window regulator pulley system. Based on the information provided, this galvanized nonalloy steel stranded wire rope/cable consists of strands of wire that are wound together concentrically in a helix and wrapped around a wire strand core (WSC). There are 8 strands per wire rope/cable with each strand consisting of 7 wires. The stranded wire rope/cable is covered with a rubber sleeve, fitted with fittings on each end, and has not been electrically insulated. |
| Reason: The subject merchandise is wire rope/cable and not stranded wire as you suggest. |
| Ruling Date: April 18, 2024 |
N339201: The tariff classification of a pushbutton switch from China
| HTS: 8536.50.9031, 9903.88.01, free + 25%, ““Electric apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…, for a voltage not exceeding 1000V; …: Other switches: Other: other: Push-button: Rated at not over 5A: Momentary contact.” |
| Item: The Nurse Call Alarm Cord (pushbutton switch), which is described as an enclosed hand-held momentary contact switch that is attached to a 3 m electrical cable and a 6.35 mm mono plug on the other end. The pushbutton switch is said to be universally compatible with most commercial nurse call systems. In use, the pushbutton switch would be connected to a nurse call system that is designed to alert nurses in case of a medical emergency or a need for care. When the pushbutton switch is pressed, the electrical current flows uninterrupted to the nurse call system and triggers an alert to the nursing staff. |
| Reason: N/A |
| Ruling Date: April 18, 2024 |