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:
Sign up for a free preview to unlock the rest of this article
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.
N327161: The tariff classification of Silicon from Thailand
| HTS: 2804.69.5000, 5.5%, "Hydrogen, rare gases and other nonmetals: Silicon: Other: Other." |
| Item: Silicon metal, with a chemical composition breakdown of Si 98.5%, Fe .5%, Al .5%, and Ca .3%. The product will be imported in sizes of 10-100 mm and packed in bags of 1,000 kgs each. The Silicon is intended to be used as an additive in the smelting process for making stainless steel and other steel making alloys. It is presumed that the subject product is a separate chemical element with normal impurities. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2022 |
N327238: The tariff classification of a lawn de-thatcher assembly from China
| HTS: 8432.80.0080, 9903.88.01, free + 25%, “Agricultural, horticultural or forestry machinery for soil preparation or cultivation, lawn or sports ground rollers, parts thereof: Other machinery: Other”. |
| Item: A pair of 15-inch-wide reels mounted on an axle, connected to wheels, with 30 flexible spring-steel picks mounted on each of the reels. The de-thatcher assembly is designed solely for use with a Mantis® brand rotary tiller, which is a self-propelled, gas driven unit that converts into a de-thatcher when assembled with the imported merchandise. The tiller can be converted from a tiller to several different tools, with the de-thatcher being one of them. The de-thatcher assembly is attached to the rotary tiller by removing the tilling tines from the transmission's driveshaft and replacing them with the de-thatcher tines. When in use, the driveshaft will rotate the de-thatcher tines, which in turn comb grass and pull up thatch in lawns. |
| Reason: The tiller can be converted from a tiller to several different tools. The de-thatcher is one such tool. It is not a part of a rotary tiller, rather it is agricultural machinery unto itself with a distinct function. |
| Ruling Date: Aug. 9, 2022 |
N327382: The tariff classification of a Thermo-Hygrometer from China
| HTS: 9025.80.1000, 9817.00.50, 1.7% + 25%, “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Other instruments: Electrical.” |
| Item: A digital, battery-operated device designed to attach to a MiniGreenhouse plant cover to monitor the humidity and temperature of the plant growing environment. The readings are made utilizing the moisture and temperature sensors and the device can also provide the minimum and maximum temperature and humidity history. The Thermo-Hygrometer is fitted with plastic bolts designed to be implanted through the plastic of the greenhouse walls as well as a sticker to facilitate installation. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2022 |
N327383: The tariff classification of a plant misters/sprayers and telescopic plant watering wand from China
| HTS: (1) 8424.41.9000, 9903.88.03, 2.4% + 25%, “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Agricultural or horticultural sprayers: Portable sprayers: Other.” |
| (2) 8481.80.5090, 9903.88.03, 3% + 25%, “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.” |
| Item(s): (1) Plant misters/sprayers, which are hand-held devices designed to spray plants with water or water mixed with fertilizer or other products of plant application. The plant misters/sprayers are composed of a plastic water tank combined with plastic carrying handle, a pump, a pressure relief valve, and an adjustable, brass, trigger-activated spray nozzle. The devices are designed with two different sized tanks. (2) A telescopic watering wand, model number G450. The wand primarily consists of a plastic handle that allows for an adjustable flow control, an aluminum telescoping wand that is extendable, a plastic ball valve, seals, and an aluminum showerhead that gently sprays water and mist on plants and flowers in the home and garden. The hand-held wand is designed to attach to a hose. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2022 |
N327391: The classification of supply valves with hammer arresters from Taiwan
| HTS: 8481.80.1085, 4%, "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 copper: Having a pressure rating of 850 kPa or over: Ball type." |
| Item: Supply valves with hammer arresters. Each item primarily consists of a ball valve, and a hammer arrester constructed of brass or copper material. Each ball valve consists of a ball, a handle, a valve body, a stem, and O-rings. In use, the handle is manually turned, which in-turn rotates the ball to control the flow of water from the water supply lines to dishwashers, ice makers, toilets, etc. The pressure rating of each valve is greater than 850 kPas. The hammer arresters, which sit above the valves, absorb pressure as the internal piston slides up the air chamber. The supply valves with hammer arresters are installed into a water outlet box using a sweat adapter. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2022 |
N327403: The tariff classification of a costume from China or Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Item: An adult-sized costume, which consists of a skirt, a waist sash with attached drape, wings, a printed sash, and a shoulder drape. The flimsy man-made textile skirt imparts the essential character of the set and features a raw unfinished hem bottom and is constructed with large loose single straight stitching. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2022 |
N327405: The tariff classification of a costume from China and Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Item: An adult-sized costume, which consists of a coat, top, pants, waist sash, and hat. The sleeveless coat imparts the essential character of the set and features a single ply collar with raw, jagged cut edges. The armholes, and the hem bottom also have raw, jagged cut edges. The front opening is closed with tiny hook and loop tabs. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2022 |
N327406: The tariff classification of a costume from China and Vietnam
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other. |
| Item: An adult-sized costume, which consists of a pullover dress, shoulder drape, waist sash and headpiece. The flimsy man-made textile, sleeveless dress imparts the essential character of the set and features armholes finished with large, visible, loose overlock stitching, the exposed elastic waist is attached with a singe row of long loose stitching, the hem bottom and thigh-high side slit are raw and unfinished. The dress is constructed with long, loose straight stitching. |
| Reason: N/A |
| Ruling Date: Aug. 9, 2022 |
N327046: The tariff classification of Moxifloxacin Hydrochloride 0.50 % eye drops in dosage form, from India
| HTS: 3004.90.9214, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Anti-infective medicaments: Other.” |
| Item: Moxifloxacin Hydrochloride 0.50 %, imported in 3 mL eye drops, is a fourth generation synthetic fluoroquinolone antibacterial agent. The Moxifloxacin Hydrochloride 0.50 % eye drop is an ophthalmic solution indicated for the treatment of various bacterial eye infections. |
| Reason: N/A |
| Ruling Date: Aug. 8, 2022 |
N327121: The classification of a blower assembly and components used within the blower assembly from China, Indonesia, or Malaysia.
| HTS: (1) 8414.59.6560, 9817.00.96, free, "Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets,whether or not fitted with filters; parts thereof: Fans: Other: Other: Other: Other: Centrifugal." |
| (2), (5) 8414.90.1080, 9817.00.96, free, "Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Parts: Of fans (including blowers) and ventilating or recycling hoods: Other." |
| (3), (4) 8503.00.6500, 9817.00.96, free, "Parts suitable for use solely or principally with the machines of heading 8501 or 8502: Stator and rotors for the goods of heading 8501 or 8502: Other." |
| Item(s): A blower assembly and certain components used within: (1) A blower assembly contoured to fit in the pneumatic block of the CPAP machine and features a custom-shaped inlet and outlet. The blower assembly is primarily made-up of two impellers, two covers that together function as a housing, interstage vanes, a motor, and a connector that solely connects to the CPAP’s printed circuit board. In series, the blower completes two stages of pneumatic motion that allows the CPAP machine to provide the user a continuous and precise flow of air. (2) An impeller designed to be solely used as part of the blower assembly, as it is shaped to be pressed onto a shaft of the motor and positioned within the covers of the blower assembly. In use, the impellers rotate to generate a specific pneumatic flow and pressure that allows the blower assembly to provide a precise and steady flow of air. (3) The rotor assembly comprised of a shaft, magnet, and spacers. (4) The stator assembly comprised of a laminated stack assembly, a magnet, and a cable assembly. (5) A shield tube composed of a low magnetically permeable and low electrically conductive plastic material. Once imported, the rotor assembly is mounted into the shield tube, the stator assembly is pressed on the outside of the shield tube bore, and resin is applied to the windings to form the motor module assembly. |
| Reason: The items are specially designed or adapted for used in a CPAP machine or blower assembly used in a CPAP machine which treats a chronic respiratory illness satisfying the description set forth in Chapter 98. |
| Ruling Date: Aug. 8, 2022 |