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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N319841: The tariff classification of a filter cleaner tool from China
| HTS: 8481.80.5090, 3%, "Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: Other appliances: Hand-operated: Of other materials: Other." Secondary classification: 9903.88.03, 25%. |
| Item: A comb cleaning filter cartridge tool that is primarily constructed of plastic material and is a composite good that features a comb head and a nozzle. The comb head has teeth that are designed to fit inside the deep folds of filtration paper. The nozzle, which can be turned on and off, is designed to project a stream of water that removes particles from the filter. Once the comb cleaning filter cartridge tool is attached to a garden hose, the comb head and nozzle, together, remove dirt and debris from filter cartridges. |
| Reason: No single component imparts the essential character. Therefore, in accordance with GRI 3(c), the product will be classified in heading 8481, as it is last in numerical order in the tariff. |
| Ruling Date: June 21, 2021 |
N319842: The tariff classification of a sound transducer from China
| HTS: 8543.70.4500, 2.6%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft: Other.” Secondary classification: 9903.88.02, 25%. |
| Item: A waterproof audio transducer. The subject unit is cylindrical in shape and designed to be attached to any flat surface. When connected to a speaker via the incorporated speaker wires, the transducer converts this sound energy to mechanical energy by vibrating the surface onto which it is attached. This vibration effectively turns the surface into a speaker, creating the desired sounds or music. The subject device is primarily used in environments where a traditional speaker could be compromised by water, fog, or UV light. |
| Reason: N/A |
| Ruling Date: June 21, 2021 |
N319865: The tariff classification of a women’s sweater from China
| HTS: 6110.90.9090, 6%, "Sweaters, pullovers, sweatshirts, waistcoats (vests), and similar articles, knitted or crocheted: Of other textile materials: Other: Other: Subject to man-made fiber restraints: Other: Women’s or girls’." |
| Item: a women’s sweater constructed from 54 percent acrylic; 26 percent polyester; 14 percent nylon; 5 percent wool; and 1 percent metallic, knit fabric. The outer surface of the garment’s fabric measures less than nine stitches per two centimeters in the direction the stitches were formed. The sweater features a mock turtleneck; long sleeves with ruffles and rib knit cuffs; and a rib knit bottom that reaches to the waist. |
| Reason: N/A |
| Ruling Date: June 21, 2021 |
N319659: The tariff classification of fishing wader with attached boots from China
| HTS: 6405.90.9060, 12.5%, "Other footwear: other: other: other." |
| Item: A man’s chest-high wader, consisting of a pair of molded/vulcanized rubber/plastic boots with closed toes and closed heels that are permanently affixed to a plastic coverall component. It features two adjustable textile shoulder straps with buckles, a non-adjustable back strap, an internal flip-out chest pouch, and an elastic draw cord with a plastic chinch clasp at the topline. The outer soles of the boots in contact with the ground consist of rubber/plastic covered with a dense layer of coarse leather flocking. |
| Reason: N/A |
| Ruling Date: June 17, 2021 |
N319780: The tariff classification of footwear from China
| HTS: 6401.92.9060, 37.5%, "Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes: other footwear: covering the ankle but not covering the knee: other: other: other." Secondary classification: 9903.88.15, 7.5%. |
| Item: Various styles of men's and women's closed toe/closed heel, above the ankle, below the knee boots |
| Reason: N/A |
| Ruling Date: June 17, 2021 |
N319809: The tariff classification of an elbow sleeve from Vietnam
| HT:S: 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A pair of unisex arm sleeves designed to protect a cyclist’s elbows. The tapered arm sleeves are to be worn from the mid-bicep to the wrist. Each arm sleeve is composed of two fabric panels: a 92 percent polyester and 8 percent spandex knitted fabric which covers the outer side; and a 90 percent nylon and 10 percent spandex knitted mesh fabric which covers the inner side. The sleeve features a 4 mm D30 padding covered by an abrasion fabric which is composed of 88 percent nylon and 12 percent spandex knitted fabric and is sewn on top of the outer side to protect the elbow. The arm sleeve is sold as a pair. |
| Reason: Although the products may offer minimal protection against impact, they are not designed exclusively for protection against injury; that is, as equipment having protective features with the sole or primary function of directly absorbing the impact of blows, collisions or flying objects. Therefore, the elbow sleeves are not classifiable as sports equipment in heading 9506. |
| Ruling Date: June 17, 2021 |
N319823: The tariff classification of a coiled-rope basket from China
| HTS: 9403.89.6015, free, Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other: Other household.” Secondary subheading; 9903.88.03, 25%. |
| Item: A cotton/polypropylene rope and jute basket used in the home as a laundry basket or for storage. The cotton/polypropylene rope is made of a polypropylene fiber core sheathed in 100% cotton yarn and the jute rope is made of Bangladeshi jute yarn. The basket measures 18" (height) x 17" (diameter) and is made in China. The upper two thirds of the basket is made of cotton/polypropylene rope and the lower one third of the basket is made of jute rope. Two cotton/polypropylene rope handles extend from the top of the basket on opposing sides. |
| Reason: N/A |
| Ruling Date: June 17, 2021 |
N319928: The tariff classification of cleaning wipes from China
| HTS: 3401.19.0000, free, "Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; 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; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Soap and organic surface-active products and preparations, in the form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Other." Secondary subheading: 9903.88.15, 7.5%. |
| Item: Heavy-duty cleaning wipes with embedded nodules to aid in scrubbing various surfaces. The BBQ Tough Wipes and Oven Wipes are made of spunlace nonwoven fabric, which is impregnated with a cleaning solution consisting of water, surfactants, pH modifiers, and fragrance. The Sugar Soap Wipes are made of spunlace nonwoven fabric, which is impregnated with a cleaning solution consisting of water, surfactants, pH modifiers, fragrance, and alcohol. |
| Reason: N/A |
| Ruling Date: June 17, 2021 |
N319930: The tariff classification of wooden tabletop signs from China
| HTS: 4420.10.0000, 3.2%, “Statuettes and other ornaments, of wood.” |
| Item: Tabletop signs made of medium density fiberboard (MDF), which has been die-cut into the vague outline of the words that will be added to their faces. The face of each sign is painted white and then machine-carved with the word “blessed,” “hope,” or “home” in cursive font. The words appear brown on the white surface, since the natural MDF color is visible through the carved surface. The signs are approximately 10.8” long, 5” high, and .7” thick. They are flat on the bottom for standing on a table, shelf, or similar surface. |
| Reason: N/A |
| Ruling Date: June 17, 2021 |
N319755: The tariff classification of an electrically heated and insulated food carrying bag from China
| HTS: 8419.81.9080, free, “Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Other machinery, plant or equipment: For making hot drinks or for cooking or heating food: Other: Other.” Secondary classification; 9003.88.15, 7.5%. |
| Item: An electrically heated and insulated food carrying bag. The bag consists of an inner plastic tub covered with a hard thermoplastic polyurethane shell and has a temperature range between 113 and 185 degrees Fahrenheit. Within the unit is a fan, main printed circuit board assembly (“PCBA”), heater module PCBA, heater module assembly, input and output module, battery pack, divider, ice pack, and miscellaneous components. The bag has a hot chamber with a heater module assembly and a separate chamber where ice packs are installed and designed to remove condensation. The unit weighs 7 kilograms and is primarily battery powered but can also be powered by the included 12V car adapter when in a vehicle. The bag will be sold to restaurant chains for food delivery purposes and is used to warm and dehumidify the contents to ensure hot food is delivered to consumers without creating moisture. |
| Reason: N/A |
| Ruling Date: June 16, 2021 |