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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N336629: The tariff classification of a plastic keychain and lanyard 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: The first item is a mini backpack keychain with the exterior made of molded silicone plastic. It measures 3.5 inches by 4.75 inches and has a functional zipper, a split ring, and a clip. The backpack compartment can hold small items like change or lip balm. The second item is a lanyard also made from molded silicone plastic. It measures 16 inches in length and has a snap closure and a lobster clip to which an item may be attached. Along the length of the lanyard are holes through which charms can be inserted. The lanyard is a functional item that is not merely worn on the body for personal adornment. |
| Reason: The plastic component of both the keychain and the lanyard imparts the essential character of each article. |
| Ruling Date: Nov. 28, 2023 |
N336271: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of men’s dress shirts from Guatemala
| HTS: 6205.20.2016, 19.7%, "Men’s or boys’ shirts: Of cotton: Other: Dress shirts: With two or more colors in the warp and/or the filling: Men’s." |
| DR-CAFTA Eligibility: Not eligible. |
| Item: A men’s pinstriped shirt constructed from 100% cotton woven fabric. Style BE002 features a self-fabric spread collar; a left-over-right, full front opening with seven button closures; long, vented sleeves with two adjustable button closures on each cuff and one button closure on each vent; a patch pocket on the left chest; a back yoke; and a curved, hemmed bottom. |
| Reason: The importer has not provided sufficient information about either the fiber content or the production of the thread used to sew Style BE002 to enable CBP to determine whether it has been both formed and finished within the DR-CAFTA territory as required by GN 29(n), Chapter 62, Chapter rule 4. |
| Ruling Date: Nov. 27, 2023 |
N336330: The tariff classification of a SpeedTracker from Canada
| HTS: 9031.49.9000, 5.3%, “Aluminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm: not backed: rolled but not further worked: of a thickness not exceeding 0.15 mm: of a thickness exceeding 0.01 mm: other.” |
| Item: The “SpeedTracker,” which is a composite article designed to quantify an athlete’s sprint performance in various sports using a combination of three main technologies: Light Detection and Ranging (LiDAR), a high-definition camera, and an on-board computer. All three of these components are located inside a unique housing. The SpeedTracker has two Universal Serial Bus (USB) ports used for a wireless Bluetooth keyboard and mouse and for connecting a USB key for data exporting. The unit also contains two HDMI ports for connecting a screen, enabling the user to visualize the work performed by the acquisition software program. A standard power port is also located on the back of the device, which enables the SpeedTracker to be switched on by inserting a power supply unit that connects to a standard wall socket. |
| Reason: The LiDAR component’s ability to detect and identify the location and speed of the athlete and/or measure their movement imparts the principal function of the device. |
| Ruling Date: Nov. 27, 2023 |
N336497: The tariff classification of hydroxypropyl methylcellulose phthalate (CAS-9050-31-1) and hydroxypropyl methylcellulose acetate succinate (CAS-71138-97-1) from Japan
| HTS: 3912.39.0000, 4.2%,“cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms: cellulose ethers: other." |
| Item: (1) Hydroxypropyl methylcellulose phthalate (CAS-9050-31-1). It is a colorless, odorless white powder. It is used in the pharmaceutical industry as a coating agent for tablets. (2) Hydroxypropyl methylcellulose acetate succinate (CAS-71138-97-1). It is a white/off-white powder with a faint acetic acid odor. It is used in the pharmaceutical industry as a coating agent for tablets. |
| Reason: N/A |
| Ruling Date: Nov. 27, 2023 |
N336511: The tariff classification of disposable aluminum ware from China
| HTS: 7615.10.7125, 3.1%, “Table, kitchen or other household articles and parts thereof, of aluminum…: table, kitchen or other household articles and parts thereof…other: cooking and kitchen ware: not enameled or glazed and not containing nonstick interior finishes: other…containers suitable for food preparation, baking, reheating or storage, 0.04 mm or more but not over 0.22 mm in thickness.” |
| Item: The merchandise under consideration is disposable aluminum ware. Upon importation, the aluminum containers are empty and do not contain lids. The items will be marketed and sold for household and restaurant use. |
| Reason: N/A |
| Ruling Date: Nov. 27, 2023 |
N336121: The tariff classification, country of origin, marking, and eligibility of the United States-Mexico-Canada Trade Agreement (USMCA) for Kappamega3 300 Lemon from Canada
| HTS: 1515.60.0500, 3.2%, “Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: Microbial fats and oils and their fractions.” |
| Country of Origin: United Kingdom |
| USMCA Eligibilty: No |
| Items: The subject merchandise is composed of fully winterized algae oil, rosemary extract, mixed tocopherols, sunflower lecithin, sunflower oil, ascorbyl palmitate (docosahexaenoic acid - DHA), modified tapioca starch, lemon flavor, purity water, and glycerin. Per your letter, the DHA-rich triacylglycerols (TAG) are extracted from Schizochytrium sp., a marine-algae. The ingredients are blended then encapsulated into a vegan soft gel capsules in Canada. |
| Reason: (Country of Origin) The DHA algae oil from the U.K. provides the essential character of the Kappamega3 300 Lemon. It is the greatest by value and weight of any item used to make the merchandise at issue. (USMCA) Because one of the non-originating materials, DHA Algae Oil, is classified within the specified subheadings of 1501 through 1518, the merchandise at issue does not meet the tariff shift rule. |
| Ruling Date: Nov. 24, 2023 |
N336132: The tariff classification of protective footwear from Vietnam
| HTS: 6402.91.5020, 37.5%, “other footwear with outer soles and uppers of rubber of plastics: other footwear: covering the ankle: other: 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: for men: other.” |
| Item: Closed toe/closed heel, men’s winter boots. The boots cover the ankle but not the knee. Both styles are similar in style and construction but differ in types of closure. M Pro Winter Reboot features a cinch cord at the topline and the M Summit Winter Reboot possess two fasteners that close on the lateral side of the calf. The external surface area of the uppers (esau) of both styles are said to consist of 88.59 percent rubber/plastics and 11.41 percent textile material. The rubber or plastics outer soles are gripped for traction. They are crampon compatible to assist the wearer in climbing or walking in icy environments. The boots are well insulated, water resistant, and considered protective against cold. |
| Reason: N/A |
| Ruling Date: Nov. 22, 2023 |
N336333: The country of origin of a brake caliper
| Country of Origin: China |
| Item: A brake caliper, which is a crucial component of a disc brake system in a vehicle. New and unused brake calipers are imported from China into Mexico, where they undergo a rigorous remanufacturing process, similar to the refurbishment or rebuilding of used or worn, non functional brake calipers, to ensure that it meets BBB’s standards of quality. This procedure includes disassembly, meticulous inspection, replacement of any necessary parts, reassembly, and thorough testing. During the remanufacturing process, the worn or damaged parts of the brake caliper core are carefully inspected, disassembled, and cleaned. Any faulty or worn components, such as seals, pistons, or sliders, are replaced with new or reconditioned ones. The core also undergoes machining or sandblasting to restore its original dimensions and surface finish. |
| Reason: The Chinese brake caliper does not emerge from the remanufacturing process in Mexico with a new name, character or use. Although the remanufacturing process enhances the caliper’s performance, it does not change its intended designation, function, and use. As a result, it is the opinion of this office that no substantial transformation occurs in this case. |
| Ruling Date: Nov. 22, 2023 |
N336479: The tariff classification of a growing rack from China
| HTS: 9403.20.0082, 9903.88.03, free + 25%, “Other furniture and parts thereof: Other metal furniture: Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures: Steel racks, other than those described in statistical reporting number 9403.20.0075.” |
| Items: As described in the submission, the NC1 Growing Rack will be used at commercial nurseries to grow various plants. The rack is made of galvanized steel to withstand the weather and the application of fertilizer. The frame is comprised of four vertical steel beams (one at each corner), four height-adjustable wire shelves, and one fixed lower shelf. The rack sits atop four 4 3/4" nylon casters, two of which swivel and two of which are fixed. The rack measure approximately 53" (L) x 22.25"(W) x 80" (H) and weighs approximately 70 lbs. It is made in China. See image below: |
| Reason: The subject growing rack falls within the meaning of furniture as described by the General ENs to Chapter 94 of the HTSUS. |
| Ruling Date: Nov. 22, 2023 |
N336605: The tariff classification of the “Backyard Foot Golf” game from China
| HTS: 9506.99.6080, 9903.88.15, 4% + 7.5%, "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; swimming pools and wading pools; parts and accessories thereof: Other: Other: Other…Other." |
| Items: An outdoor game that can also be played in a large indoor environment. It consists of plastic pieces that snap together into 3 circular target rings which are placed on the ground in desired locations. Each ring contains 2 holes which are used to hold the 3 included polyester flags, marked “Hole 1, “Hole 2,” and “Hole 3.” Also included in this kit is a deflated soccer ball and a hand-operated air pump and needle, in order to inflate it. The object of the game is to direct the soccer ball into each of the rings by using one’s foot, in the fewest number of tries as possible. The game is designed to imitate the game of golf and it is geared for children aged 3 years and older. |
| Reason: N/A |
| Ruling Date: Nov. 22, 2023 |