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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N329447: The tariff classification of a plastic sampling container from China
| HTS: 3926.90.9910, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: laboratory ware.” |
| Item: A two-ounce polypropylene plastic container/vial with a cap and a sterilized, 18-gauge, stainless-steel needle. The sealed container is used to collect samples of milk from silos on dairy farms or from lines inside dairy processing facilities for laboratory testing. The milk and container are destroyed after each use. The sampler is leak-proof and offers tamper-evident features and sample tracking capabilities. A |
| Reason: The plastic container imparts the essential character of this composite article, General Rule of Interpretation 3(b) noted. |
| Ruling Date: Dec. 7, 2022 |
N329503: The tariff classification of an oral care kit from China
| HTS: 9603.21.0000, 9903.88.15, free + 7.5%, “Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: toothbrushes, including dental-plate brushes.” |
| Item: An oral care kit, which will be handed out to patients after an orthodontic/dental appointment. It contains a toothbrush, a travel toothbrush, a straight interdental brush, a 90-degree angled interdental brush, dental floss, dental floss threaders, orthodontic wax, a plastic dental mirror, and a two-minute sand timer. Per your correspondence, each kit will come in a plastic zip-top bag and will be packaged ten to a box. |
| Reason: The four brushes would impart the essential character as they predominate in both count and combined value over the other items, General Rule of Interpretation 3(b) noted. |
| Ruling Date: Dec. 7, 2022 |
N329635: The tariff classification of plastic turntables from China
| HTS: 3924.10.3000, 9903.88.15, 5.3% + 7.5%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Trays.” |
| Item: Four plastic turntables consisting of an open round tray made of clear polyethylene terephthalate plastic. Each tray contains a flat bottom situated on a swivel base, allowing the tray to turn. The items have raised edges designed to hold and support bottled food sauces and condiments from falling off when it is revolving. The four revolving trays will be packaged together for retail sale. |
| Reason: N/A |
| Ruling Date: Dec. 7, 2022 |
N329695: The tariff classification of propylene glycol dicaprylate-caprate (CAS # 68583-51-7) from China
| HTS: 3824.99.4140, 9903.88.03, 4.6% + 25%, "Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Fatty substances of animal or vegetable origin and mixtures thereof: Mixtures of fatty acid esters." |
| Item: Propylene glycol dicaprylate-caprate imported in bulk from China and used as a chemical solvent. It would then be incorporated into a customer’s finished product. |
| Reason: N/A |
| Ruling Date: Dec. 7, 2022 |
N329309: The classification and eligibility under the Nairobi Protocol of a steel bathtub safety rail from China
| HTS: 7324.90.0000; 9903.88.03, free + 25%, "Sanitary ware and parts thereof, of iron or steel: Other, including parts." |
| Nairobi Protocol Eligibility: ineligibile |
| Item: A medical adjustable bathtub safety rail shower grab bar handle. The safety rail is a “safety-assist” product that is designed to support a person moving in and out of a bathtub. It is constructed of a one-piece steel frame that measures 1 inch in diameter, 17 inches tall, 6 inches deep and 8 inches wide. The rail is mounted to the side of a bathtub with a padded rubber clamp that adjusts to fit a bathtub wall from 3 to 7 inches wide. It is designed to support individuals up to 300 pounds. The product can be used in bathtubs around the house and will be sold to home healthcare dealers/providers, nursing homes, rehab and therapy clinics, and through the importer's website. |
| Reason: While there are no Americans with Disabilities Act standards written specifically for bathtub safety rails, the subject rails do not meet all ADA standards for grab bars since they are only 1 inch in diameter. The bathtub safety rail is not the type of equipment which can be said to be specially designed or adapted for handicapped people. |
| Ruling Date: Dec. 6, 2022 |
N329385: The tariff classification of a video conferencing booth from Taiwan
| HTS: 8517.62.0090, free, “Telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data…: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” |
| Item: A soundproof booth or personal enclosure which incorporates a fully integrated personal video conferencing system. It contains a central processing unit with network connectivity, touch screen, camera system, microphone system, speaker system, video conferencing lights, airflow fan system, and a video conferencing height-adjustment system. The workspace is designed to receive, convert, and transmit voice, images, video, and other data. The workspace is primarily designed to be used in locations where there is a need for personal video conferencing, such as offices, homes, airports, hotels, libraries, college campuses, co-working spaces, and other public spaces. |
| Reason: The workspace's primary function is video conferencing. The workplace's noise dampening, height-adjustability, fans for airflow, environmental lighting, and other features are secondary, and exist only to enhance, the user's video conferencing experience. |
| Ruling Date: Dec. 6, 2022 |
N329453: The tariff classification of an Outdoor Gift Set and an Axe-Saw from China
| HTS: 8202.10.0000, 9903.88.03, free + 25%, "Handsaws, and metal parts thereof; blades for saws of all kinds (including slitting, slotting or toothless saw blades), and base metal parts thereof: handsaws, and parts (except blades) thereof." |
| Items: (1) An axe-saw consisting of a hardened stainless steel, 15” serrated saw blade, attached to a polymer handle. It also incorporates a stainless-steel hatchet head and a mallet. A safety sheath is included to cover the hatchet head and saw blade when not in use. You have stated that the saw blade can cut branches up to 4” in diameter. (2) A match kit featuring a water-resistant storage chamber with a lid and a strike pad cap. It includes 4” long natural wood matches that are windproof and have a water-resistant coating. (3) A bellows made of plastic and includes an electric motor, an impeller style fan, and a vent to provide optimum air flow for fire starting needs. It is powered by AA Alkaline batteries. (4) 2” long natural shredded pine tinder shreds. They have a water-resistant paraffin wax coating and ignite with a spark or flame. |
| Reason: The axe-saw predominates by bulk, weight, and value. |
| Ruling Date: Dec. 6, 2022 |
N329603: The tariff classification of an electrical transfer device from China
| HTS: (1), (2) 8544.49.3080, 9903.88.01, 5.3% + 25%, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electrical conductors, for a voltage not exceeding 100 V: Other: Of copper: Other.” |
| (3) 8544.42.9090, 9903.88.03, 2.6% + 25%, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electrical conductors, for a voltage not exceeding 100 V: Fitted with connectors: Other: Other: Other.” |
| Item: An electrical power transfer device. It is comprised of an electrical wire harness within a stainless steel conduit tube with ball and socket joints on each end. This assembly is further connected to a main housing piece on each end. (1) In the version identified by part number EPT-2, the incorporated wire harness consists of two 18-gauge, insulated copper wires. (2) In the EPT-10 version, the wire harness consists of ten 24-gauge insulated copper wires. (3) The EPT-10C version is identical to the EPT-10, with the only difference being that the wires are terminated at each end with electrical connectors. The maximum voltage of the wire harness is 300V. |
| Reason: N/A |
| Ruling Date: Dec. 6, 2022 |
N327815: The tariff classification of a glass container from China
| HTS: 7013.49.2090, 9903.88.15, 22.5% + 7.5%, “Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): Glassware of a kind used for table (other than drinking glasses) or kitchen purposes, other than of glass-ceramics: Other: Other: Valued not over $3 each…Other.” |
| Item: A glass container with a wooden lid and wire bail-and-trigger closure system. Underneath the lid is a polymer gasket, for which you state replacements are not sold. The glass container is not used for the conveyance or packing of goods. The container is used to store a variety of food items to include sugar, flour, coffee, etc. |
| Reason: N/A |
| Ruling Date: Dec. 5, 2022 |
N329294: The tariff classification of Brexanolone (CAS No. 516-54-1) in bulk powder form, from Italy
| HTS: 2914.40.9000, 4.8%, “Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated, or nitrosated derivatives: Ketone-alcohols and ketone-aldehydes: Other: Other: Other.” |
| Item: Brexanolone, also known as Allopregnanolone, a synthetic neuroactive steroid gamma-aminobutyric acid. A receptor positive modulator. It is indicated for the treatment of postpartum depression in adult women. |
| Reason: N/A |
| Ruling Date: Dec. 5, 2022 |