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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N319030: The tariff classification of Zinc Picolinate from China
| HTS: 2933.39.6190, 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: other: products described in additional U.S. note 3 to section VI: other.“ |
| Item: Zinc Picolinate (CAS Number 17949-65-4), used in the production of nutritional supplements. It is used as a raw ingredient, nutrition fortifier and zinc supplement. It is a heterocyclic salt compound which contains unfused pyridine rings. |
| Reason: N/A |
| Ruling Date: April 26, 2021 |
N318933: The tariff classification of a fishing rods holder from Canada
| 3926.90.9985, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other.” |
| Item: A fishing rods holder, used to store, vertically and individually, fishing rods to prevent them from being damaged. It can hold six or eight fishing rods and is designed to be installed within a boat. It can also be affixed to a dock or mounted to the floor of a house. This holder is not intended to hold rods while actively fishing as it lacks the tilt angle of the holders used for fishing and is meant only for storage purposes. The fishing rods holder is made principally from plastic. |
| Reason: The fishing rods holder is an article of plastic, and is not more specifically provided for elsewhere. |
| Ruling Date: April 26, 2021 |
N318880: The tariff classification of aluminum casings from China
| HTS: 7616.99.5190, 2.5%, “Other articles of aluminum, other…other.” Secondary classifiation: 9903.88.03, 25%. |
| Item: A 4 inch x 4 inch x 5 foot long aluminum casing, powder coated, that is hinged by 4 bolts to a casted cover protector. Each casing is comprised of an aluminum body, hinge and lid, and four stainless steel screws. The principal use of the above ground casings is to protect environmental monitoring wells used for the collection of groundwater and contaminated sites. |
| Reason: N/A |
| Ruling Date: April 26, 2021 |
N318803: The tariff classification of shaped wood boards from China
| HTS: 4409.10.9040, free, "Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed: Coniferous: Other: Other: Other." Secondary classification: 9903.88.15, 25%. |
| Item: Shaped wood boards constructed of solid China fir, a coniferous wood. You state that the boards measure about 5/16 thick x 3 1/2” wide x 8' long. The boards are continuously shaped throughout their length, namely, tongued and grooved along their edges and straight-cut along the ends. The wood is not edge-glued or finger-jointed. You indicate that the boards have multiple uses and are sold to do-it-yourself consumers. |
| Reason: The boards are interior wall paneling, not exterior siding. Tongued and grooved exterior siding measures approximately 3/4” to 1” in thickness. Interior wall paneling, however, is typically 5/16” in thickness. |
| Ruling Date: April 26, 2021 |
N318736: The tariff classification of a polyester woven chenille upholstery fabric from China
| HTS: 5801.36.0020, 9.8%, “Woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: Of man-made fibers: Chenille fabrics: Other.“ Secondary classification; 9903.88.15, 7.5%. |
| Item: A woven fabric with a patchwork pattern with a wilderness design. The fabric is of jacquard weave construction with chenille yarns woven on both sides of the fabric. The fabric is composed wholly of polyester yarns of different colors, of which 65 percent is staple fibers and 35 percent is textured filament yarns and weighs 425 g/m2. A coating has been applied to the reverse side of the fabric; however, the coating is not visible. This fabric will be imported in 55-inch widths and will be used for upholstery. |
| Reason: The fabric contains chenille yarns on both sides of the fabric. |
| Ruling Date: April 26, 2021 |
N318674: The tariff classification of parts of footwear from China
| HTS: 6405.90.9060, 12.5%, “Other footwear: other: other: other.” |
| Item: A women’s, closed toe/closed heel, above-the-ankle/below-the-knee, work-style boot, measuring approximately 6 ½ inches tall. The external surface of the upper is comprised of predominantly rubber/plastics polyurethane. The boot features a lace threaded through metal eyelets and hooks in the front. A slide fastener closure is found on the medial side. The boot is lined around the foot and the separately attached tongue with a thin velveteen-type material. Faux fleece lines the top of the shaft and the exterior of the tongue. The rubber/plastics lug outer sole has a thick leather flocking applied to more than 50 percent of the external surface in contact with the ground. |
| Reason: The thick leather flocking is visible, tactile, and obscures the material underneath. |
| Ruling Date: April 26, 2021 |
N318672: The tariff classification of footwear from China
| HTS: 6402.99.8031, 90¢/pair + 20%, “Footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: other: other: valued over $6.50 but not over $12/pair: other: for men.” Secondary classification: 9903.88.15, 7.5%. |
| Item: A men’s, closed toe/closed heel, lace-up, Oxford-style shoe. It does not cover the ankle. The external surface area of the upper is 100 percent polyurethane material. The rubber/plastics outer sole has a foxing-like band. The outer sole has some leather fibers flocked onto the external surface in contact with the ground. |
| Reason: The flocking is microns thin and does not have the character of composition leather or leather. It should be treated as a “similar attachment” described in Note 4(a) to Chapter 64 of the Harmonized Tariff Schedule, and disregarded for tariff purposes pursuant to Note 4(b) to Chapter 64, HTSUS, and General Explanatory Note (C) to Chapter 64. |
| Ruling Date: April 26, 2021 |
N318914: The tariff classification of scrunchies from Cambodia
| HTS: 6217.10.9530, 14.6%, “Other made up clothing accessories; parts of garments or of clothing accessories, other than those in heading 6212; accessories: other: other, of man-made fibers." |
| Item: Three “Xmas Scrunchies.” The plaid ponytail holder is constructed from 94% polyester 6% elastane woven fabric. The velvet faux fur trimmed ponytail holder is constructed from 100% polyester woven pile fabric. The faux fur ponytail holder with glittered antlers is constructed from 100% polyester woven fabric. |
| Reason: N/A |
| Ruling Date: April 27, 2021 |
N318850: The tariff classification of Tyvek Paks from China
| HTS: Tyvek Paks, which act as a dessicant. |
| Item: A woven fabric with a patchwork pattern with a wilderness design. The fabric is of jacquard weave construction with chenille yarns woven on both sides of the fabric. The fabric is composed wholly of polyester yarns of different colors, of which 65 percent is staple fibers and 35 percent is textured filament yarns and weighs 425 g/m2. A coating has been applied to the reverse side of the fabric; however, the coating is not visible. This fabric will be imported in 55-inch widths and will be used for upholstery. |
| Reason: N/A |
| Ruling Date: April 27, 2021 |
N318822: The tariff classification of an electric bicycle from China
| HTS: 8711.60.0090, free, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion: Other”. Secondary classification: 9903.88.02, 25%. Eligible for Section 301 exclusion under subheading 9903.88.17 and U.S. Note 20(v)(86) for "Motorcycles with electric power for propulsion, each of a power not exceeding 1,000 W (described in statistical reporting numbers 8711.60.0050 or 8711.60.0090)." |
| Item: A 350W electric bicycle with a 36V acid battery. The bicycle has a top speed of 10 miles per hour, a range of 22 miles, is fully self-propelled and can operate on a full charge for 2 hours. |
| Reason: The electric bicycle is capable of movement via the electric motor without the use of the pedals. The product description provided in exclusion number 86 covers all forms of self-propelled “motorcycles” and therefore excludes the subject merchandise from the increased duties imposed by subheading 9903.88.02. |
| Ruling Date: April 27, 2021 |