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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N339817: The tariff classification of snack foods from Thailand
| HTS: (1), (2) 2008.99.9190, 6%, “other edible parts of plants, otherwise prepared or preserved...other...other.” |
| Item: (1) A hot mate assorted rice cracker that is said to be comprised of approximately 87 percent glutinous rice, 6 percent soy sauce, 2 percent wasabi green pea, 2 percent sugar, 1 percent water, and trace amounts of seaweed and other additives. (2) A wasabi flavored rice cracker wrapped in seaweed that is said to contain approximately 72 percent glutinous rice, 12 percent soy sauce, 8 percent seaweed, 5 percent wasabi seasoning, 3 percent sugar, and trace amounts of modified tapioca starch. |
| Reason: N/A |
| Ruling Date: May 23, 2024 |
N339812: The tariff classification of a miscellaneous edible preparation from Germany
| HTS: 2106.90.9985, 6.4%, “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Confectionery (including gum) containing synthetic sweetening agents (e.g. saccharin) instead of sugar.” |
| Item: The “Protein-Bar White Choco Peanut,” is a miscellaneous edible preparation for human consumption. The preparation’s ingredient composition is polydextrose (17%), maltitol sweetener (11.2%), beef collagen hydrolysate (10%), concentrated milk protein (8%), whey protein isolate (7%), roasted peanuts (6.5%), humectant glycerol (6.5%), cocoa butter (6.1%), whole milk powder (5.2%), calcium caseinate (5%), collagen hydrolysate (beef) (4.5%), sunflower oil (4%), water (4%), peanut paste (2%), roasted peanuts (2%), and less than (1%) of natural aroma, salt, emulsifier lecithin, caramel sugar syrup, and sweetener sucralose. |
| Reason: N/A |
| Ruling Date: May 23, 2024 |
N339770: The tariff classification of paper products from Mexico
| HTS: (1), (2), (3) 4802.10.0000, free, "Uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes, and non perforated punch-cards and punch tape paper, in rolls or rectangular (including square) sheets, of any size, other than paper of heading 4801 or 4803; hand-made paper and paperboard: Handmade paper and paperboard." (4) 4911.99.6000, free, "Other printed matter, including printed pictures and photographs: Other: Other: Other: Printed on paper in whole or in part by a lithographic process." (5) 4911.99.8000, free, "Other printed matter, including printed pictures and photographs: Other: Other: Other: Other." (6) 4821.10.2000, free, "Paper and paperboard labels of all kinds, whether or not printed: Printed: Printed in whole or in part by a lithographic process." (7) 4821.10.4000, free, "Paper and paperboard labels of all kinds, whether or not printed: Printed: Other." |
| Item: The paper is made from mechanical paper pulp that has been mixed with plant seeds, including chamomile, chia, carrot, clover, flax, and others. The paper is handmade; the seeds are added to a pulp/water mixture and the mixture is molded into sheets on a mesh screen. The paper weighs approximately 180 grams per square meter and is primarily used for printing and other graphic purposes. Once the paper has served the purpose of conveying the printed information, it may be planted in soil; once watered, the paper degrades and the seeds are able to sprout. You indicate that the paper will be imported in various forms. The forms as (1) 50cm x 60cm unprinted sheet paper with deckled edges; (2) 21.5cm x 28cm, cut, unprinted sheet paper; (3) 5cm x 9cm, cut, unprinted sheet paper; custom dimension, unprinted paper pieces; business cards; stickers; and labels. The business cards, stickers, and labels will be printed via offset lithography or by inkjet printer. (4) Business Cards via offset lithography. (5) Business cards printed via inkjet printer. (6) Labels printed via offset lithography. (7) Labels printed via inkjet printer. |
| Reason: N/A |
| Ruling Date: May 23, 2024 |
N339769: The tariff classification of a cassava flat bread from Venezuela
| HTS: 2008.99.6500, 7.9%, “Fruit, nuts, and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: Other, including mixtures other than those of subheading 2008.19: Other: Cassava (manioc).” |
| Item: The “Cassava Flat Bread, Mila,” is a preparation of cassava (manioc) for human consumption. The ingredient composition is 100% cassava; it does not contain flour, sugar, milk, sausage, meat, meat offal, blood insects, fish or crustaceans, mollusks or other aquatic invertebrates, or any combination thereof. During preparation, the cassava manufacturing operations entails peeling, grating, extraction of excess water, and cooking, specifically, heat treatment at atmospheric pressure. The preparation will be presented at an ambient temperature and will undergo no further processing. The preparation is not a bulk product for sale to hospitals, prisons, military establishments or food service establishments such as restaurants, hotels, bars or bakeries, etc. The preparation will not be transported to a distributor for repacking of bulk quantities into retail packages. At the time of U.S. importation, the preparation is packaged and labeled for grocery retail sale “as is” with 3-slices per a 7-ounce package. |
| Reason: N/A |
| Ruling Date: May 23, 2024 |
N339830: The tariff classification of a woman’s garment from Vietnam
| HTS: 6211.42.1075, 8.1%, "Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of cotton: Other: Jackets and jacket-type garments excluded from heading 6202." |
| Item: A woman’s upper body garment. The jacket features long sleeves with button cuffs, a pointed collar, a full front opening secured with six button closures, two chest pockets, side seam pockets below the waist, and a curved bottom with side vents. The jacket extends from the shoulders to the hip area. |
| Reason: N/A |
| Ruling Date: May 24, 2024 |
N339797: The tariff classification of “Hoy Hoy Roach Trap” from Japan
| HTS: 3808.91.5001, 5%, “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other:” |
| Item: A device that is designed to trap cockroaches. Each outer carton contains 20 individual traps which are sold to supermarkets. Each trap consists of a small fold-up cardboard box measuring 4 inches x 8 inches x 1inch with a sticky adhesive base, foot mats, and bait. The bait is used to lure the cockroaches inside the trap and the sticky adhesive base keeps them from escaping. The bait is chemical and pesticide free. |
| Reason: N/A |
| Ruling Date: May 24, 2024 |
N339867: The tariff classification of a plastic syringe from China
| HTS: 3926.90.2100, 9903.88.15, 4.2% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Ice bags; douche bags, enema bags, hot water bottles, and fittings therefor; invalid and similar nursing cushions; dress shields; pessaries; prophylactics; bulbs for syringes; syringes (other than hypodermic syringes) and fittings therefor, not in part of glass or metal.” |
| Item: A 30-milliliter capacity plastic syringe that lacks a needle. The plunger is also made from plastic. The provided image shows the syringe is graduated with volume measurements. You indicate that this syringe is intended to be used to mix paint with caulk and then apply it around windows. |
| Reason: N/A |
| Date: May 15, 2024 |
N339974: The tariff classification of a ring watch from China
| HTS: 9102.91.20, 9903.88.15, (1) 3.9% + (2) 5.3% + (1), (2) 7.5%, "Wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101: Other: Electrically operated: With opto-electronic display only." |
| Item: A ring watch. The ring watch is a battery operated digital watch with a case and a band of stainless steel. The ‘band’ is a closed loop that enables the user to wear it on his/her finger. The ring is not sizeable and can be worn on any finger. The ring watch features a digital time display, a dual time option (standard or military), an auto calendar, an alarm, a time signal by light, and a stopwatch. The watch is waterproof (3bar) and contains a replaceable silver oxide button battery that has a 2-year lifespan. (1) movement and case (2) battery |
| Reason: N/A |
| Ruling Date: May 21, 2024 |
N340265: The tariff classification of a Sub-Compact 10-Tool Kit Power Tool Set from China
| HTS: 8467.29.0090, 9903.88.15, free + 7.5%, "Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other: Other." |
| Item: The “12V BL G2 Sub-Compact 10-Tool Kit” power tool set, which will be imported packaged for retail sale in a single printed box. The product consists of: (1) 12V Brushless Circular Saw, (2) 12V Brushless One-Hand Reciprocating Saw, (3) 12V Brushless Detail Sander, (4) 12V Brushed Multi-Cutter, (5) 12V Brushless Drill Driver, (6) 12V Brushless Impact Driver, (7) 12V Compact Inflator, (8) 12V Brushless Clamp Fan, (9) 12V Mechanical Light, (10) 12V Collapsible Lantern, (11) 18-inch Power Tool Storage Bag, (12) two 12V 2.0Ah USB-C Batteries, and (13) 20W Type-C PD Wall Outlet Charger. |
| Reason: Only the 12V Brushless Circular Saw, 12V Brushless One-Hand Reciprocating Saw, 12V Brushless Detail Sander, 12V Brushed Multi-Cutter, 12V Brushless Drill Driver, and 12V Brushless Impact Driver merit equal consideration. All six items fall under the heading 8467, HTSUS in accordance with GRI 3(c). |
| Ruling Date: May 24, 2024 |
N339910: The tariff classification of the paper puppets from China
| HTS: 9503.00.0073, free, “Tricycles, scooters, pedal cars, and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: 2 flat packed paper puppets, forming dinosaur heads, along with an activity instruction sheet. Each puppet fits on the hand of a child with the ability to open and close the dinosaur’s mouth at the crease. The puppets, are pre-cut and scored to easily fold and slot together forming each dinosaur head without the use of glue or scissors. The item is principally designed for the amusement of children ages 5 years and older. |
| Reason: N/A |
| Ruling Date: May 24, 2024 |