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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N339734: The tariff classification of rugs from India
| HTS: 5702.92.1000, 2.7%, “Carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, including ‘Kelem’, ‘Schumacks’, ‘Karamanie’ and similar handwoven rugs: Other, not of pile construction, made up: Of man-made textile materials: Woven, but not made on a power-driven loom.” |
| Item: The four rugs are stated to be hand-loomed and flat-woven. Each rug contains self-fringe on the ends and measures 24 X 36 inches. The “Sand Woven” rug is made of 50% polyester, 45% cotton and 5% rayon; the “Sage Woven” rug is made of 34% cotton, 24% acrylic, 20% polyester, 9% viscose, 8% nylon, and 5 percent wool; the “Olive Woven” rug is made of 66% polyester, 29% cotton, and 5% rayon; and the “Natural with Black Lines Cotton Rug” is made of 39% polyester, 35% cotton, 22% viscose, 4% other fibers. |
| Reason: N/A |
| Ruling Date: May 2, 2024 |
N339718: The tariff classification of footwear from Vietnam
| HTS: 6404.11.9050, 20%, “Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: Tennis shoes, basketball shoes, gym shoes, training shoes and the like: Other: Valued over $12/pair: For women: other.” |
| Item: A unisex, closed toe/closed heel, below-the-ankle sneaker. The external surface area of the athletic-styled upper consists predominantly of textile materials. It has a lace closure over a partially sewn-in tongue. The laces must be tied to secure the sneaker to the foot. The rubber/plastic outer sole overlaps the upper by 1/4 of inch, constituting a foxing-like band. The free on board value is over $12 per pair. |
| Reason: The tongue is only partially sewn-in and is on a lower plane than the rest of the upper, while the shoe must be tied to secure the sneaker to the foot. |
| Ruling Date: May 2, 2024 |
N339673: The tariff classification of the Toe-tap Stainless Steel Sensor Trash Bin from China
| HTS: 8509.80.5095, 4.2%, "Electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, other." |
| Item: The Toe-tap Stainless Steel Sensor Trashcan. The stainless steel trash can is controlled by a touch-sensitive micro-switch, and the lid opens automatically with a light-foot touch on the switch panel powered by three D batteries. The lid closes automatically, providing convenient and hygienic use. In addition, the delayed toe-touch sensor prevents unintentional opening by pets or people walking by. The trash can measures 15L x 14W x 25.35H inches (50 Liters), has a self-contained motor and is designed for domestic use. |
| Reason: N/A |
| Ruling Date: May 2, 2024 |
N339562: The tariff classification of a seat component from Cambodia
| HTS: 9401.99.9021, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Parts: Other: Other: Other of textile material, cut to shape.” |
| Item: A cut-to shape textile fabric canopy contoured to fit the removable motor vehicle child safety bucket seat component found on combination car seats/infant strollers. The article is comprised of knit and woven polyester panels and is designed to provide shade from the sun, temporary protection from wind, rain, or snow, as well as incorporating an optional-semi-enclosure for privacy when fully extended. The article is not permanent and is designed for temporary easy installation and removal. The final purchaser will choose the manner in which the article is used, whether it be a cover for the infant car seat component only or in conjunction with a combination infant stroller. The article will serve no function or purpose that is independent of the infant safety restraint seat and the article is designed, marketed and sold as an attachment to the infant safety restraint seat. |
| Reason: N/A |
| Ruling Date: May 2, 2024 |
N339543: The tariff classification of zippered pouch keychains from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” |
| Item: A set of two pouches with keychains. The small round pouches are made of molded silicone plastic. Both measure 2.5 inches in diameter by 1 inch in depth, and include a functional zipper and a split ring. One pouch is lime green and features an attached polyvinyl chloride (PVC) plastic cartoon patch of a black cat on one side; the other pouch is pink and features a PVC cartoon patch of a skull. Attached to each keychains is a small PVC hang tag with the words “Happy Halloween.” The pouches are intended to hold small items such as change. |
| Reason: The two pouches are not identical and aren't marketed and packaged as party favors. They would not be classified as festive articles in subheading 9505.10.4020 nor 9505.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), as party favors. |
| Ruling Date: May 2, 2024 |
N339420: The tariff classification of Revefenacin (CAS No. 864750-70-9) in bulk form, from France
| HTS: 2933.39.4100, 6.5%, “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” |
| Item: Revefenacin, is a long-acting muscarinic antagonist, which is also referred to as an anticholinergic. It is used to treat chronic obstructive pulmonary disease (COPD), including chronic bronchitis and emphysema. Revefenacin will be imported as the active pharmaceutical ingredient and used in the manufacture of Revefenacin Solution for Nebulization 0.175 mg/3 mL. |
| Reason: N/A |
| Ruling Date: May 2, 2024 |
N339575: The tariff classification of Spongeables Pedi In Mesh Bag from China
| HTS: 3401.30.5000, 9903.88.03, free + 25%, “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: Other.” |
| Item: Polyurethane sponges impregnated with liquid soap. The sponges contain enough soap for approximately 20 uses and are intended to be used to wash and scrub one’s feet. The liquid soap doesn't contain any aromatic or modified aromatic surface-active agents. A component material breakdown of 95% soap and 5% polyurethane sponge. This product will be imported in a polyester mesh bag suitable for retail sale, containing two impregnated sponges. |
| Reason: The Spongeables Pedi In Mesh Bag set will be classified as a GRI 3(b) set for tariff classification purposes, with the essential character imparted by the liquid soap. |
| Date: May 3, 2024 |
N339485: The country of origin of dog trackers
| Country of Origin: Vietnam |
| Item: GPS trackers for dogs. The TG4422 is a standard dog tracker (available in white, brown, and dark blue); the larger TG4XL has a longer battery life. The TG4XL will be available in green or with a more-rugged case. The trackers have a GPS receiver, cellular radio device, Bluetooth radio, Wi-Fi radio and an accelerometer that provides a wide range of information about their canine wearers. This includes GPS location tracking in real time, health alerts, and activity monitoring (e.g., sleep tracking). The information is relayed from the tracker to an app on a mobile device. The devices are imported as a retail set with a charger (or charging cable in the case of the large tracker) and plastic clips to mount the tracker on a dog collar. The printed circuit board assembly (PCBA) is manufactured in Vietnam using surface mount technology (SMT), hand gluing and soldering of the electronic components. Flashing of Austrian-origin firmware is then added onto the multiple integrated circuit chipsets, with subassemblies such as the flexible GSM (cellular) antenna, button assembly, and charging pin created next. This is followed by the assembly of the remaining parts onto the PCBA and assembly of the PCBA into the tracker case. The trackers are tested to ensure proper operation. The separate charger assembly from China (PCBA) is connected to the USB cable in Vietnam and then assembled into its case. The China-origin plastic clip and charger will be packaged with the Tracker after the completion of testing. |
| Reason: The SMT and manual assembly process takes many of the individual components and generates a working PCBA capable of tracking the pets, providing health information, and connecting to a Wi-Fi enabled device. This is a new and different article of commerce with a name, character, and use distinct from the individual components. |
| Ruling Date: May 3, 2024 |
N339405: The country of origin of the Adapter Hub
| Country of Origin: Philippines |
| Marking: United States |
| Item: The 5-in-1 Adapter Hub (Adapter) is described as a plastic enclosure incorporating a printed circuit board assembly (PCBA), one HDMI socket, three USB-A sockets, one USB-C socket, and a short electrical cable with a male USB-C connector extending from the end. The adapter is intended to interconnect various peripherals to an automatic data processing machine. Its plastic housing, the bare PCB, and cable are of Philippine origin; numerous electronic components are sourced from China and the Philippines. |
| Reason: The PCBA in the Philippines by soldering the individual components onto the bare board results in a substantial transformation of the components to produce a PCBA of Philippine origin. |
| Ruling Date: May 3, 2024 |
N339380: The tariff classification of Power Take Off units from Germany
| HTS: 8708.40.1150, 2.5%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Gear boxes and parts thereof: Gear boxes: For vehicles of subheading 8701.21, 8701.22, 8701.23, 8701.24 or 8701.29 or heading 8702, 8703 or 8704: Other”. |
| Item: Power Take Off (PTO) units designed to be used on heavy-duty trucks. The PTOs attach to a truck transmission via an aperture in the transmission casing and function to transfer the rotary power generated by the vehicle’s engine to auxiliary machinery. Thus, the units are designed to “take off” the power generated by the engine. PTO mounting options can vary depending on the transmission and PTO models, but the function of the PTO remains the same. |
| Reason: N/A |
| Ruling Date: May 3, 2024 |