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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N322661: The tariff classification of a weather strip tail gate from Korea
| HTS: 4016.10.0000, free, "Other articles of vulcanized rubber other than hard rubber: of cellular rubber." |
| Item: A rubber strip composed of a combination of cellular and compact vulcanized ethylene propylene diene monomer (EPDM) rubber. The compact rubber component is also reinforced with steel wire. The function of the strip is to prevent shock and vibration when an automobile door is opened and closed as well as to block outside elements. |
| Reason: The cellular portion of the seal plays the most significant role in the product’s functioning, as it absorbs the shock and vibration and also provides protection against outside elements. |
| Ruling Date: Nov. 17, 2021 |
N322713: The tariff classification of high voltage cables from Germany
| HTS: 8544.60.2000, 3.7%, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage exceeding 1,000 V: Fitted with connectors.” |
| Item: High voltage cables comprised of a 25 meter length of insulated conductor affixed at each end with high voltage electrical connectors. The cables are rated for use at either 66,000 volts or 138,000 volts. The cables are further meant for use in various electrical installations where a large amount of electricity is produced and distributed. |
| Reason: N/A |
| Ruling Date: Nov. 17, 2021 |
N322386: The tariff classification of Prochlorperazine Maleate (CAS No. 84-02-6) in bulk powder form, from Italy
| HTS: 2934.30.2300, “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Compounds containing in the structure a phenothiazine ring-system (whether or not hydrogenated), not further fused: Other: Drugs: Antidepressants, tranquilizers and other psychotherapeutic agents.” Pursuant to General Note 13, the rate of duty will be free. |
| Item: Prochlorperazine Maleate, an antipsychotic drug that is used for the treatment of severe nausea and vomiting, as well as short-term management of psychotic disorders such as generalized non-psychotic anxiety and schizophrenia |
| Reason: N/A |
| Ruling Date: Nov. 16, 2021 |
N322412: The tariff classification of monopods from China
| HTS: 9620.00.6000, free, “Monopods, bipods, tripods and similar articles: Other: Of graphite or other carbon.” |
| Item: Audio boom poles, which are carbon-fiber telescoping boom poles that extend quickly and securely. The subject boom poles are adjustable and designed for use with a microphone. Moreover, they offer stable and versatile microphone positioning. Additionally, these telescoping boom poles allow one to place a microphone near the subject while remaining at a distance and out of the frame. |
| Reason: These items are not stands; therefore, classification in heading 8518 is not applicable. Furthermore, these poles are designed to support a microphone and would be considered monopods, bipods, tripods, and similar articles, which can be designed to be held in the hand, rather than to stand on the ground. |
| Ruling Date: Nov. 16, 2021 |
N322446: The tariff classification of pneumatic transducer parts from China
| HTS: 8543.90.8885, free, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other: Other: Other: Other." |
| Item: Nozzle housings, spacers and bases specifically manufactured to be used as parts of the Fairchild Model TXI7800 pneumatic transducer. This transducer functions as a valve assembly and is made up of a primary converting section and a relay section. The primary converting section converts a programmed electrical signal into pneumatic pressure known as signal pressure. The relay section senses this output pressure and sets the vent and supply valve to maintain the correct amount of pressure through the valve. |
| Reason: The aluminum nozzle housings, spacers, and bases are each “a part of a part” in that each article is a part of the primary electrical converting section that is itself a part of the whole, i.e., the pneumatic transducer. Therefore, classification in subheading 8481.90 is precluded for these articles. |
| Ruling Date: Nov. 16, 2021 |
N322514: The tariff classification of Tyvek® paper envelopes and an expanding file from China
| HTS: (1) 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” (2) 3926.10.0000, 5.3%, “Office or school supplies” (of plastic)." |
| Item: Tyfek paper envelopes and expanding files intended to hold and store documents. (1) The paper envelopes are composed of four layers: a Tyvek material outer layer that is 100 percent HDP spunbonded nonwoven printed fabric; a 100 percent polypropylene nonwoven fabric; a 1.5mm EVA foam sheet; and a 100 percent polyester knitted fabric glued to a 100 percent polypropylene nonwoven dyed (burgundy) fabric inner layer. (2) The expanding file measures approximately 13.75 inches in length by 10 inches in width by 1.5 inches in depth when zipped closed. When opened, the side gusset of polypropylene plastic (PP) expands to approximately seven inches at the widest point. The file features one flat outer zippered compartment, six interior tabbed PP dividers, and no handle. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2021 |
N322548: The tariff classification of a Matrix Array Audio system from Germany
| HTS: 8518.22.0000, free, “Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures…: Loudspeakers, whether or not mounted in their enclosures: Multiple loudspeakers, mounted in the same enclosure.” |
| Item: Audio-Beamforming and Wave Field Synthesis loudspeakers with integrated signal processing and amplification that can be arrayed horizontally and vertically to create differently sized arrays. One is a two-way audio module with 96 loudspeaker drivers; the other is a three-way audio module with 80 loudspeaker drivers and a single sensor-controlled subwoofer driver. In both models, each loudspeaker driver is individually amplified and controlled by its own digital signal processor (DSP), enabling ultimate control over sound. These audio modules are capable of generating multiple sound fields simultaneously each with its own content, equalization, level, shape, and position, either in a single audio module deployment or as part of a larger array system. |
| Reason: This merchandise does not have the capability of recording or reproducing sound. In order for a device to be a sound-reproducing device, it must be able to read the recorded file, either from an internal memory or from a removable solid state non-volatile media, such as a USB flash memory apparatus, or other media of heading 8523. Accordingly, classification in heading 8519 is not applicable. |
| Ruling Date: Nov. 16, 2021 |
N322624: The tariff classification of a bra from China
| HTS: 6212.10.9020, 16.9%, "Brassieres…whether or not knitted or crocheted: Brassieres: Other: Other: Of man-made fibers." |
| Item: A sports bra constructed of 54% nylon, 42% polyester, and 4% spandex two-ply knit fabric. The bra features a v-neckline; approximately 1 ½-inch wide elasticized shoulder straps; padded cups; elasticized trim along the shoulder straps, armholes and back; a racer back; change in knit patterns; and an approximately 2 ½-inch wide elasticized knit bottom band. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2021 |
N322350: The tariff classification of red pepper paste strips from Spain
| HTS: 2106.90.9898, 6.4%, "Food preparations not elsewhere specified or included . . . other . . . other . . . other." |
| Item: Red pepper paste strips that contain approximately 69.5 – 74.5 percent water, 16 - 18 percent red pepper concentrate - paprika, 4.5 - 5 percent sodium alginate, 3.5 - 4 percent guar gum, and 1.5 - 3.5 percent calcium chloride. The strips are intended to be used to stuff olives. The product is made by mixing the water, pepper and paprika into a homogenized blend which becomes a dough. The dough is transformed into a band by a lamination process in a rain system of calcium chloride solution. A bath in a second application of calcium chloride transforms the band into the final hardened laminated paste. Once the product is finally hardened, it is sent to a cutting machine, where the paste is cut into strips according to the customer’s specification. |
| Reason: N/A |
| Ruling Date: Nov. 15, 2021 |
N322351: The tariff classification of Lenvatinib Mesylate (CAS No. 857890-39-2) in bulk form, from India
| HTS: 2933.49.2600, “Heterocyclic compounds with nitrogen hetero-atom(s)only: Compounds containing in the structure a quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused: Other: Other: Drugs: Other.” Pursuant to GN 13, HTSUS, the rate of duty will be free. |
| Item: Lenvatinib Mesylate, imported in 80 grams, a receptor tyrosine kinase (RTK) inhibitor. It is indicated for the treatment of patients with locally recurrent or metastatic, progressive, radioactive iodine (RAI)-refractory differentiated thyroid cancer. |
| Reason: N/A |
| Ruling Date: Nov. 15, 2021 |