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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N341711: The tariff classification of nonalloy steel coils from Taiwan
| HTS: 7210.70.6060, 9903.80.01, free + 25%, "Flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated: Painted, varnished or coated with plastics: Other: Zinc coated or plated: Other." |
| Item: Zinc-coated nonalloy steel coils. Cold-rolled steel coils, which are made to ASTM A653, are hot-dipped galvanized and coated with two coats of primer paint. The coils measure 0.71 mm or 0.86 mm in thickness and are 1150 mm in width. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2024 |
N341723: The tariff classification of nonalloy steel coils from Taiwan
| HTS: 7210.70.6060, 9903.80.01, free + 25%, "Flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated: Painted, varnished or coated with plastics: Other: Zinc coated or plated: Other." |
| Item: Zinc-coated nonalloy steel coils. Cold-rolled steel coils, which are made to ASTM A653, are hot-dipped galvanized and coated with two coats of primer paint. The coils measure 0.71 mm or 0.86 mm in thickness and are 1219 mm in width. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2024 |
N341773: The tariff classification of Propafenone Hydrochloride (HCL) Extended-Release Capsules in dosage form, from India
| HTS: 3004.90.9221, free, “Medicaments… consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Cardiovascular medicaments: Other.” |
| Item: Propafenone Hydrochloride, imported in 225 mg, 325 mg and 425 mg extended-release capsules, is in a class of medications called antiarrhythmics. It is used to help prevent certain types of serious (possibly fatal) irregular heartbeat such as paroxysmal supraventricular tachycardia and atrial fibrillation. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2024 |
N341776: The tariff classification of Bortezomib for Injection in dosage form, from India
| HTS: 3004.90.9215, free, “Medicaments… consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Antineoplastic and immunosuppressive medicaments.” |
| Item: Bortezomib for Injection, imported in 3.5 mg vials, is an antineoplastic agent. Bortezomib is a proteasome inhibitor indicated for the treatment of adult patients with multiple myeloma and mantle cell lymphoma. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2024 |
N341778: The tariff classification of Lansoprazole Tablets Rapid DR in dosage form, from India
| HTS: 3004.90.9259, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the digestive system: Other.” |
| Item: Lansoprazole, imported in rapid delayed-release tablets of 15 mg and 30 mg, is a proton-pump inhibitor (PPI) that prevents the secretion of gastric acid. It is indicated for the short-term treatment of duodenal and gastric ulcers, and erosive esophagitis. It is also indicated for maintenance treatment of healed idiopathic duodenal ulcer, erosive esophagitis, and pathological hypersecretory states such as Zollinger-Ellison syndrome. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2024 |
N341782: The tariff classification of Pyrimethamine Tablets in dosage form, from India
| HTS: 3004.60.0000, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other, containing antimalarial active principles described in subheading note 2 to this chapter.” |
| Item: Pyrimethamine, imported in 25 mg tablets, is an antiparasitic drug used in the prevention and treatment of toxoplasmosis and malaria. It is commonly used as an adjunct in the treatment of uncomplicated, chloroquine resistant, P. falciparum malaria. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2024 |
N341988: The tariff classification of glucose monitoring systems from China
| HTS: 9027.89.4530, 9903.88.01, 9817.00.96, free, “Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus: Other: Other: Electrical: Chemical analysis instruments and apparatus.” |
| Item: Air blood glucose monitoring systems (BGMs), which are systems intended to quantitatively measure glucose in fresh capillary blood from the fingertip. The primary difference between the TRUENESS and TRUENESS Air BGMs is the “Air” version contains Bluetooth capabilities. The meters operate by performing a chemical analysis on the blood and do not utilize any optical elements. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2024 |
N342040: The tariff classification of the “miniTesla Starter Kit” from China
| HTS: 9503.00.0090, free, “Tricycles, scooters, pedal cars and similar wheeled toys … dolls, other toys … puzzles of all kinds; parts and accessories thereof … Other.” |
| Item: A solderless electronic hobby kit designed to teach a hobbyist about electricity. The kit provides the user with a variety of components to build battery operated experiments. The components can be combined, and reused repeatedly, in various ways to create multiple electronic experiments. The kit is compatible, and can be used with, Lego blocks for a more expansive experience. |
| Reason: The “miniTesla Starter Kit” is intended and principally designed for the amusement of hobbyist ages 14 years and older. |
| Ruling Date: Aug. 15, 2024 |
N341499: The tariff classification of footwear from China
| HTS: 6402.99.3165, 6%, “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other." |
| Item: Unisex footwear designed for rock climbing activities. The footwear has a closed toe, a closed heel, and does not cover the ankle. According to the submitted laboratory report, the external surface of the upper is composed of over 98.9 percent rubber or plastics. The remaining balance consists of textile materials. The shoe is secured to the foot by laces. It has rubber/plastic rand components positioned around the toes, lower quarter, and at the heel that are lasted under and securely affixed to the rubber or plastic outer sole. The shoe does not have a foxing band and is not considered sports footwear as defined in Subheading Note 1 to Chapter 64. |
| Reason: N/A |
| Ruling Date: Aug. 14, 2024 |
N341500: The tariff classification and country of origin of polybutylene adipate terephthalate (PBAT) compound
| HTS: 3907.99.5050, 9903.88.02, 6.5% + 25%, "Other polyesters, in primary forms: other: other: other." |
| Origin: China |
| Item: PBAT compound. The product is a copolymer composed of 70% PBAT, 10% polylactic acid (PLA), 15% calcium carbonate (CaCO3) and 5% talc. The primary target applications of the PBAT compound are plastic bags, mulch films and food packaging. PBAT Neat is shipped from China to South Korea. In South Korea, the PBAT Neat is measured and added to the mixer. PLA sourced from Thailand, Talc sourced from India or Pakistan and other additives are measured and added to the mixer. The components are mixed together. CaCO3 sourced in South Korea is measured out and added to a separate side hopper. The PBAT, PLA, Talc blend is fed into the extruder’s main feeder. The CaCO3 is fed into the extruder via the side feeder. In the extruder the materials are uniformly blended under a specified temperature and pressure. The product is cooled and cut into pellets of uniform size. The product then undergoes dehumidification and drying to remove any moisture content, is inspected and packaged in units of specified weight. |
| Reason: The classification of the PBAT Neat when shipped from China to South Korea is 3907.99. The classification of the PBAT compound when shipped from South Korea to the United States is 3907.99.5050. PBAT composes 70% of the PBAT compound, and it is noted that the CAS numbers do not change for the PBAT. While the addition of PLA, Talc and CaCO3 enhances the function of the PBAT, it does not change the function of the PBAT. Further, the PBAT compound does not have a change in use with the addition of the PLA, Talc and CaCO3. The mixing operations performed in South Korea do not result in a substantial transformation. |
| Ruling Date: Aug. 14, 2024 |