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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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
N322835: The tariff classification of light strings with sound effects from China
| HTS: 8543.70.9960, 2.6%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other." Also 9903.88.02. |
| Item: Blinking Face Light String. The string is comprised of a set of eight LED lights with plastic covers in the shape of either a snowman or Santa Claus. |
| Reason: N/A |
| Ruling Date: Dec. 3, 2021 |
N322850: Country of Origin; Section 301; Unassembled futons
| Origin: China, Vietnam and Canada |
| Item: two types of futons |
| Reason: The Canadian-origin mattress and the Chinese-origin components of “Futon Style A” have a predetermined use. Additionally, at the time of U.S. entry, the Canadian origin mattress, the Chinese origin metal components and the Vietnamese origin wood components of “Futon Style B” have a predetermined use. In Canada, the domestic and foreign origin components don't undergo further assembly. In Canada, the unassembled futon components are packaged together for export to the U.S. Packaging into a retail carton doesn't result in a substantial transformation of the foreign origin Chinese components or of the foreign origin Vietnamese components. Also, packaging doesn't change the futons’ essential character. Further, there is no new name, character or use as the components retain their identities as futon mattresses and futon frames. |
| Ruling Date: Dec. 3, 2021 |
N322652: The country of origin of butterfly valves for the purpose of 301 Trade Remedies
| Origin: Malaysia |
| Item: butterfly valves assembled from Chinese and Malaysian components |
| Reason: The assembly processes are rather simple and don't result in a substantial transformation of the components. Instead, the country of origin for the purpose of 301 Trade Remedies for both valves is determined by their essence, which is the valve body. |
| Ruling Date: Dec. 2, 2021 |
N322665: The tariff classification of footwear from China
| HTS: 6402.99.3165, 6%, "Other footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except 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: other: other: other: for women: other." |
| Item: a woman’s, open-toe/open-heel, below-the-ankle, slide sandal |
| Reason: N/A |
| Ruling Date: Dec. 2, 2021 |
N322801: The tariff classification of steel nails and metal picture hangers from Germany
| HTS: 7317.00.7500, Free, Nails of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: Of two or more pieces. |
| Item: steel nails and metal picture hangers |
| Reason: N/A |
| Ruling Date: Dec. 2, 2021 |
N322681: The country of origin of an Air Purifier
| Origin: China |
| Item: an air purifier with a fan, a UV-C light, a carbon pre-filter and a HEPA filter to help remove allergens from the air |
| Reason: The assembly processes performed in Vietnam don't result in a substantial transformation of the Chinese components. The components themselves aren't transformed in Vietnam into a new and different article of commerce with a name, character, and use distinct from the components exported from China. |
| Ruling Date: Dec. 1, 2021 |
N322830: The tariff classification of tires from Sri Lanka
| HTS: 4011.80.8010, 3.4%, “New pneumatic tires, of rubber: Of a kind used on construction, mining or industrial handling vehicles and machines: Other: Other: Having a rim size not exceeding 61 cm”. |
| Item: a tire engineered for heavy-duty use on forklift trucks and other industrial vehicles |
| Reason: N/A |
| Ruling Date: Dec. 1, 2021 |
N322851: The tariff classification of a women’s coat from Bangladesh
| HTS: 6202.13.4005, 27.7%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Overcoats, carcoats, capes, cloaks and similar coats: Of man-made fibers: Other: Other: Raincoats: Women’s." |
| Item: a women’s coat constructed from 100% nylon woven fabric insulated with a nonwoven 100% polyester polyfill batting |
| Reason: N/A |
| Ruling Date: Dec. 1, 2021 |
N322622: The tariff classification of footwear from Vietnam
| HTS: 6402.91.9065, 20%, which provides for other footwear with outer soles and uppers of rubber or plastics: other footwear: covering the ankle; other; other; other; valued over $12.00/pair; other; for women; other. |
| Item: Closed toe/closed heel, slip-on boots that cover the ankle, but not the knee. The material of the upper is described as a vegan alternative that utilizes a synthetic polyamide-based microfiber material in place of leather. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2021 |