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.
N328173: The tariff classification of a light stand from China
HTS: 9620.00.7000, 9903.88.03, 2.5% + 25%, “Monopods, bipods, tripods and similar articles: Other: Of aluminum.” |
Item: A tripod stand used to reduce random movements. The subject light stand is a metallic, collapsible, and mechanical device with three legs that provides stability and support for Ikan’s studio lighting units. This Light Stand has three vertical segments, two of which are extendible risers that can be pulled out from the central tube and secured using adjustable knobs. As per the information provided, this tripod is comprised mostly of aluminum. |
Reason: N/A |
Ruling Date: Oct. 12, 2022 |
N328210: The tariff classification of a women’s sweater from China
HTS: 6110.30.3020, 9903.88.15, 32% + 7.5%, "Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Sweaters: Women’s." |
Item: A women’s sweater-like poncho constructed from 100 percent acrylic knit fabric. The outer surface of the garment’s fabric measures less than nine stitches per two centimeters in the direction the stitches were formed. The sweater features a full front panel of multiple contrasting yarns, and a full back panel of a solid color yarn, a pieced hood, a V-neck shaped collar, pieced dropped sleeves with rib knit endings, side vents, and a bottom fringed front panel and a rib-knit bottom back panel that reach to the waist. |
Reason: N/A |
Ruling Date: Oct. 12, 2022 |
N328343: The tariff classification of a power steering bearing from South Korea
HTS: 8708.99.8180, 2.5%, “Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Other: Other: Other: Other: Other: Other.” |
Item: A Power Steering Bearing, also known as a Car Steering Wheel Knob, which is a knob that is attached to the vehicle’s steering wheel. You state in your request, that the product allows for smoother turns, especially U-turns and faster parking. It allows for safer lane merging, handling tight spots and helps with difficult vehicle maneuvers. |
Reason: N/A |
Ruling Date: Oct. 12, 2022 |
N328387: The tariff classification of footwear from China
HTS: 6404.11.8990, 9903.88.15, 90¢/pair + 20% + 7.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: tennis shoes, basketball shoes, gym shoes, training shoes and the like: Other: Valued over $6.50 but not over $12/pair: Other." |
Item: A boy’s, closed-toe/closed-heel, below-the-ankle, lace-up sneaker. The external surface area of the upper is 95 percent cotton textile material with polyurethane around the back of the padded collar. The upper has a lace threaded through four eyelets on both sides of a separately attached tongue. The lace is used to secure the sneaker to the foot. |
Reason: The shoe is not considered a slip-on. Examination with magnification of the rubber/plastics traction outer sole found no evidence of textile material. There is a separately applied rubber/plastics strip covering the junction between the upper and the outer sole that constitutes a foxing band. |
Ruling Date: Oct. 12, 2022 |
N328390: The tariff classification of a handbag with coin purses from China
HTS: 4202.22.1500, 9903.88.03, 16% + 25%, "Handbags, whether or not with shoulder strap, including those without a handle, with outer surface of sheeting of plastic or of textile materials, with outer surface of sheeting of plastics." |
Item: A handbag and several smaller cases akin to coin purses.The handbag is constructed with an outer surface of plastic sheeting. The article is designed and sized to contain the small personal effects carried on a daily basis. It also provides protection, portability, storage, and organization to its contents. The interior is textile-lined and features one open interior compartment with a zippered pocket and a shoulder strap. |
Reason: N/A |
Ruling Date: Oct. 12, 2022 |
N328426: The country of origin of hammers
Country of Origin: Vietnam |
Items: Hammers with steel heads. They include slightly different hammer head shapes, handle types and vary in weight. All are manufactured in the same manner. |
Reason: It is the forging of the hammer heads that imparts the essence of finished hammers. |
Ruling Date: Oct. 12, 2022 |
N328429: The tariff classification of potassium humate from Germany
HTS: 3913.90.5000, 6.5%, "Natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms: other: other." |
Item: A potassium salt of humic acid. It is water soluble and composed of 85 percent highly bio-active humic acids, 12 percent potassium hydroxide (potash) and small percentages of iron and nitrogen. The product functions as a high quality soil enhancer and plant growth stimulant. The product will be imported packaged for retail sale in 1 kg carton boxes or 25 kg bags. |
Reason: As natural polymers are specifically provided for in the HTSUS, classification in 3824.99.9397 is precluded. |
Ruling Date: Oct. 12, 2022 |
N328113: The tariff classification of a frozen food preparation from Brazil
HTS: 2008.99.9190, 6% ,"Fuits, nuts, and other edible parts of plants, otherwise prepared or preserved . . . other . . . other." |
Item: A Ready-to-Eat Bowl comprised of an acai sorbet, a granola topping and a single-use spoon. The RTE will be imported frozen, in 6.7 oz. square plastic containers which are divided by two independent sub-containers and packaged together. The larger container includes a 6 oz. container of acai sorbet that is sealed with foil. The smaller 0.7 oz. container along with the single-use spoon is packed on top of the sealed sorbet container and is comprised of a granola topping that is also sealed with a foil. |
Reason: N/A |
Ruling Date: Oct. 11, 2022 |
N328130: The tariff classification of seed crackers from New Zealand
HTS: 1905.90.1090, free, "Bread, pastry, cakes, biscuits and other bakers’ wares . . . other . . . bread, pastry, cakes, biscuits and similar baked products . . . other . . . other. |
Item: An all-natural plant-based line of low carb and high protein crackers made with different types of seeds, chickpea flour, and other ingredients under the brand name Penati. The crackers are imported in three varieties. They will be sold via online platforms, supermarkets, and distributors. |
Reason: N/A |
Ruling Date: Oct. 11, 2022 |