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.
N328287: The tariff classification of feminine hygiene pads from Latvia
| HTS: 9619.00.7100, 8.1%, “Sanitary pads (towels) and tampons, diapers (napkins), diaper liners and similar articles, of any material: Other, of textile materials: Other: Of cotton.” |
| Items: Two feminine hygiene products. The first item is a pad measuring approximately 240 mm in length by 155 mm in width and has an adhesive strip on the back for adhering to underwear. The pad is composed of a top sheet of non-woven cotton, an absorbent core of 80% cotton and 20% hemp non-woven, and a back sheet of polyethylene film. The second item is a liner measuring approximately 150 mm in length by 55 mm in width and has an adhesive strip on the back for adhering to underwear. The pad is composed of a top sheet of non-woven cotton, an absorbent core of 80% cotton and 20% hemp non-woven, and a back sheet of polyethylene film. |
| Reason: N/A |
| Ruling Date: Sept. 27, 2022 |
N327910: The country of origin of wine preservation systems for marking purposes and the purposes of Section 301 Trade Remedies
| Country of Origin: Indonesia |
| Items: Two Coravin wine preservation systems: the Model Six Plus, and the Model Six Plus Premium. The components are packaged complete and ready for retail sale at the time of importation. The Model Six hand-held device features an outer spray finish, a rubber grip on the handle and two plastic side plates on the clamp body. The systems allow users to enjoy and preserve wine. |
| Reason: Components from China and Indonesia are assembled to each other in Indonesia to produce a hand-held device, which imparts the essential character of each set. The valve assembly is the essence of the hand held device, as it controls the flow of gas and, in turn, the flow of wine. The country of origin of the valve assembly is Indonesia, as the origin of the valve body is Indonesia. |
| Ruling Date: Sept. 26, 2022 |
N327998: The tariff classification of post base connection systems from Lithuania, Turkey or China
| HTS: 7326.90.8688, 9903.88.03, 2.9% + 25%, "Other articles of iron or steel: other: other: other; other; other." |
| Items: Five models of post base connection systems for use in outdoor structures such as pergolas, gazebos, terraces, and fences |
| Reason: The post base connection systems are not more specifically provided for in heading 7308 or in any other heading of the tariff, the systems under consideration will be classifiable under heading 7326, which provides for other articles of iron or steel. |
| Ruling Date: Sept. 26, 2022 |
N328096: The tariff classification of Men’s Swim Trunks from China
| HTS: (1) 6210.40.5550, 9903.88.15, 7.1% + 7.5%, "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Of man-made fibers: Other: Other." |
| (2) 6211.11.1010, 9903.88.15, 27.8% + 7.5%, "Track suits, ski-suits and swimwear, other garments: swimwear: men’s or boys’: of man-made fibers: men’s." |
| Items: (1) A pair of men’s swim trunks constructed from 100% polyester woven fabric visibly coated with polyurethane on the inner surface. The garment features a fully elasticized waistband through which a fully functional drawstring is threaded; a brief-style mesh liner, side pockets with mesh pocket bags; a rear patch pocket with a hook and loop closure and a drainage grommet; and hemmed leg openings. (2) A pair of men’s swim trunks constructed from 100% polyester woven fabric coated with polyurethane on the inner surface. The coating is not visible as the term is defined in the tariff. The garment features a flat front waistband with an elasticized rear waistband; fully functional drawstring threaded through the waistband; two tabs at the center front waistband with four grommets and a laced closure; a brief-style, mesh liner; a side hook and loop flap pocket with a mesh pocket bag; side pockets with mesh pocket bags; and hemmed leg openings. |
| Reason: N/A |
| Ruling Date: Sept. 26, 2022 |
N328140: The country of origin of jumper cables
| Country of Origin: China |
| Item: Jumper cables that are 8 feet in length and comprised of insulated copper-clad aluminum wire affixed at each end with electrical clamps. The cables are used to connect automotive batteries in order to recharge those with low power. |
| Reason: The Chinese wire has a predetermined function as a conductor of electricity prior to the twisting described in the ruling. The twisting and insulating described in this request is not a significantly complex process which would render the Chinese cable a new and different article of commerce. |
| Ruling Date: Sept. 26, 2022 |
N328203: The tariff classification of Solar Panel Frames from Vietnam
| HTS: 8541.90.0000, free, “Semiconductor devices (for example, diodes, transistors, semiconductor-based transducers); photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; …: Parts.” |
| Item: Extruded aluminum solar panel frame parts. Based on the submitted photograph, the frame consists of two long frame pieces and two shorter frame pieces which can be joined together to frame solar panels. This frame assembly is an integral part of the finished solar panels since the function of the frame is to provide structural support to the solar panels. |
| Reason: N/A |
| Ruling Date: Sept. 26, 2022 |
N328221: The tariff classification of coloring kits from China
| HTS: (1) 4903.00.0000, free,“Children’s picture, drawing or coloring books,” |
| (2) (3) 4911.91.4040, 9903.88.15, free + 7.5%, “Other printed matter… Other pictures, designs and photographs: Printed not over 20 years at the time of importation: Other: Other: Other.” |
| (4) 6210.10.9040, 16%, “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other...Other. |
| Items: (1) A “3-D Marker Coloring Set" including a spiral-bound coloring book containing eight 100% polypropylene non-woven sheets with pre-printed line drawings for the child to color; 12 color water soluble markers; a pair of cardboard 3-D glasses; and a plastic spray bottle. The coloring book is reusable. The items are packaged together in a box for retail sale. (2) A “3-D Washable Canvas” including one 14” x 10” washable, reusable 100% polypropylene non-woven canvas bearing a pre-printed line drawing to be colored; six washable color markers; and a pair of cardboard 3-D glasses. The items are packaged together in a box for retail sale. (3) A “Doodle Coloring Mat” including one 20” x 20” washable, reusable 100% polypropylene coloring mat bearing a pre-printed line drawing on the front to be colored and 12 washable color markers. The items are packaged together in a box for retail sale. (4) A bib style child’s apron and 12 washable watercolor markers. The items are packaged together in a box for retail sale. |
| Reason: N/A |
| Ruling Date: Sept. 23, 2022 |
N327952: The country of origin marking of repackaged cat scratching post components from Turkey
| Marking: The box in which the scratching post components are sold to the ultimate customers must be marked on the outside in close proximity to Meow Mews’ U.S. address with the words, “Made in Turkey” as legibly, indelibly, and permanently as the nature of the box will permit |
| Item: Beech wood scratching post components in bulk. The pieces are shaped and drilled with holes to allow them to be attached to each other. Some will be wrapped with rope. The outer shipping cartons will be marked to indicate that the country of origin is Turkey. After importation, the components will be repackaged into retail boxes and sold to customers via internet sales. Customers will assemble the parts themselves. |
| Reason: Inside the repackaging box, the “Made in Turkey” marking on the base would not be visible without opening the box. |
| Ruling Date: Sept. 22, 2022 |
N327966: The tariff classification of a foldable volleyball cart from China
| HTS: 9403.89.6020, 9903.88.03, free + 25%, “Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo, or similar materials: Other: Other: Other.” |
| Item: A folding volleyball cart comprised of fabric over an aluminum frame with four castors and weighs 8 lbs. The fabric is PVC coated 300 Denier 100% polyester fabric. The cart will be used by high school volleyball teams and social volleyball clubs when practicing and attending competitions. It comes with a nylon carrying bag and is made in China. |
| Reason: The fabric is at least as essential to the cart’s functionality as the metal frame. The subject article will be classified in accordance with GRI 3(c), last in tariff. |
| Ruling Date: Sept. 22, 2022 |
N328085: The tariff classification of a remote control from China
| HTS: 8543.70.9860, 9903.88.02, 2.6% + 25%, “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." |
| Item: An ultra-thin, rechargeable, handheld unit which can remotely control smart televisions and other streaming devices. The remote control can be programmed to control Bluetooth enabled devices via radio frequency (RF) or traditional televisions via infrared (IR) technology. The device is capable of using both technologies simultaneously as up to three devices can be programmed into the remote. |
| Reason: As both the RF and IR control methods are of equal importance and neither would be considered the essential character of the good, the remote control shall be classified according to the heading that occurs last in numerical order among the competing headings. |
| Ruling Date: Sept. 22, 2022 |