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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N327992: The tariff classification of VIVIMUSTA (Bendamustine Hydrochloride Injection) in dosage form, from Italy
| HTS: 3004.90.9215, 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: Antineoplastic and immunosuppressive medicaments." |
| Item: VIVIMUSTA (Bendamustine Hydrochloride Injection), imported in dosages of 100 mg/4 mL (25 mg/mL), is an alkylating drug. It is indicated for the treatment of chronic lymphocytic leukemia and Indolent B-cell non-Hodgkin’s lymphoma that has progressed during or within six months of treatment with rituximab or a rituximab-containing regimen. |
| Reason: N/A |
| Ruling Date: Sept. 30, 2022 |
N328192: The tariff classification of men’s sleepwear from various countries
| HTS (imported as a set): 6207.21.0010, 9903.88.15, 8.9% + 7.5%, "Men’s or boys' ... nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of cotton: with two or more colors in the warp and/or filling: men’s." |
| (imported separately) 6207.91.3010, 9903.88.15, 6.1% + 7.5%, "Men’s or boys’… singlets and other undershirts, nightshirts and pajamas, bathrobes, dressing gowns and similar articles: other: of cotton: other: sleepwear." |
| Item: A men’s pajama top and bottom. Both garments are constructed from 100% cotton woven fabric that have two or more colors in the warp and/or filling. The top has a self-fabric spread collar; a full front opening with five button closures; long, hemmed sleeves; a patch pocket with an embroidered logo on the left chest; and a straight, hemmed bottom. The pants feature a covered elastic waistband with a tunneled drawstring; a fly front with a single button closure; side seam pockets and hemmed legs. |
| Reason: N/A |
| Ruling Date: Sept. 30, 2022 |
N328207: The tariff classification of a plastic light up balloon stand from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” |
| Item: A light up balloon stand kit intended to hold balloons and be used to decorate for a party. It consists of a plastic base, three 15-inch sticks, two 13.375-inch sticks, four plastic connectors, seven balloon cups, and a 37 light emitting diode light wire that is powered by three AA batteries, which are not included. The LED light wire will be run through the clear polypropylene plastic branches. It will be imported, packaged unassembled in a plastic bag with a header card and will not include any balloons. Without the balloons, this stand lacks an ornamental nature. |
| Reason: N/A |
| Ruling Date: Sept. 30, 2022 |
N328209: The country of origin of AAA alkaline batteries
| Country of Origin: Vietnam |
| Item: An AAA alkaline battery, model LR03, which is described as a non-rechargeable manganese dioxide battery. Each AAA battery is manufactured using materials and components sourced from China and Vietnam. Manganese dioxide, zinc, potassium hydroxide, graphite, copper nails, nylon gaskets, fiber separators, and nickel-plated steel cans are sourced from China. Paperboard and blister packaging materials are sourced from Vietnam. |
| Reason: The manufacturing process in Vietnam results in an article, an AAA alkaline battery, which emerges from the process with a new name, character, and use, different from that possessed by the discrete components and raw materials from China prior to the processing. |
| Ruling Date: Sept. 30, 2022 |
N328305: The tariff classification of note cards from China or other countries
| HTS: 4911.91.2040, free, “Other printed matter… Other pictures, designs and photographs: Printed not over 20 years at the time of importation: Other: Lithographs on paper or paperboard: Not over 0.51 mm in thickness: Other.” |
| Item: Boxed note cards Each folded note card measures approximately 4¼” x 6” in its closed state. The front features a lithographically printed color illustration of honeysuckle and butterflies. The inside of the card is blank. The cardstock is 250 gsm and measures 0.3 mm thick. Ten cards are packaged together with ten matching envelopes in a bi-fold cardboard wallet. |
| Reason: N/A |
| Ruling Date: Sept. 30, 2022 |
N328188: The tariff classification of a woman’s blouse from China
| HTS: 6206.30.3041, 9903.88.15, 15.4% + 7.5%, "Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other: Other: Other: Women’s." |
| Item: A woman’s blouse constructed from 60% cotton and 40% polyester woven fabric. The garment features a pointed collar, long sleeves with button cuffs, two unsecured chest pockets, a hemmed bottom, a full front opening secured by seven button closures, and front panels that extend into self-fabric ties at the bottom, allowing the wearer to create a partial tightening. |
| Reason: N/A |
| Ruling Date: Sept. 29, 2022 |
N327991: The tariff classification of Baclofen Oral Suspension in dosage form, from Canada
| HTS: 3004.90.9240, 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: Medicaments primarily affecting the central nervous system: Other.” |
| Item: Baclofen, imported in 25 mg/mL (5 mg/mL) oral suspension, is a muscle relaxant and antispastic medicament. It is indicated for the treatment of spasticity resulting from multiple sclerosis, particularly for the relief of flexor spasms and concomitant pain, clonus, and muscular rigidity. |
| Reason: N/A |
| Ruling Date: Sept. 28, 2022 |
N328396: The tariff classification of Halloween decorations from China
| 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: Three styles of battery-powered, illuminated tabletop Halloween decorations. All three styles are made of agglomerated stone, composed of stone powder and resin. All three styles measure approximately 6.5” long, by 3” wide, and 4.72” tall. Each style will be sold separately. All styles are marketed and sold only for Halloween. Three different Halloween character figures. All three characters are triangular in shape, slightly resembling the shape of a piece of candy corn and have no arms or legs. Each style will be sold separately. All styles are marketed and sold only for Halloween. |
| Reason: N/A |
| Ruling Date: Sept. 28, 2022 |
N327917: The tariff classification of lavender sachets from Croatia
| HTS: 3307.90.0000, 5.4%, "Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other." |
| Item: Lavender sachet boxes. Each box contains 10-15 small cotton pouches with and without hangers, filled with dried lavender flowers. The scented sachets are intended to be used to fragrance clothing or to freshen drawers or closets. |
| Reason: N/A |
| Ruling Date: Sept. 27, 2022 |
N327982: The tariff classification of Chocolate Protein Pudding from Finland
| HTS: 1901.90.2500, free, “Food preparations of flour, groats, meal, starch or malt extract… food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Puddings ready for immediate consumption without further preparation.” |
| Item: The subject product is protein pudding. The product is composed of milk protein concentrate, skimmed milk, low-fat cocoa powder, chocolate, modified corn starch, carrageenan, acesulfame potassium, sucralose, flavors, salt, and lactase enzyme. The chocolate flavored ready-to-eat pudding item will be imported in cups with a net weight of 180 grams. |
| Reason: N/A |
| Ruling Date: Sept. 27, 2022 |