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.
N329717: The tariff classification of Loperamide Hydrochloride Capsules, USP and Methylene Blue Injection, USP in dosage form, from India and Italy, respectively
| HTS: (1) 3004.90.9260, 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 digestive system: Other.” |
| (2) 3004.90.9291, 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: Other.” |
| Items: (1) Loperamide Hydrochloride, USP, imported in 2 mg capsules, is an anti-diarrheal agent. It is indicated for the control and symptomatic relief of acute nonspecific diarrhea in patients 2 years of age and older and of chronic diarrhea in adults associated with inflammatory bowel disease. (2) Methylene Blue Injection, USP, imported in 5 mg, is indicated for the treatment of pediatric and adult patients with acquired methemoglobinemia. |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |
N329716: The tariff classification of Lurasidone Hydrochloride Tablets and Teriflunomide Tablets in dosage form, from India
| HTS: (1) 3004.90.9235, 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: Antidepressants, tranquilizers, and other psychotherapeutic agents.” |
| (2) 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.” |
| Items: (1) Lurasidone Hydrochloride, imported in 20 mg, 40 mg, 60 mg 80 mg and 120 mg tablets, is an atypical antipsychotic agent. It is indicated for the treatment of adult patients with schizophrenia and for the treatment of major depressive episodes associated with bipolar I disorder. (2) Teriflunomide, imported in 7 mg and 14 mg tablets, is the active metabolite of leflunomide, and it acts as an immunomodulatory agent by inhibiting pyrimidine synthesis. It is indicated for the treatment of relapsing forms of multiple sclerosis. |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |
N329710: The tariff classification of footwear from China
| HTS: 6402.19.9031, 9903.88.15, 9% + 7.5%, "Other footwear with outer soles and uppers of rubber/plastics: Sports footwear: Other: Other: Valued over $12/pair: For men." |
| Items: Closed toe/closed heel men’s soccer cleats. The external surface area of the uppers for all styles is textile material, made up of synthetic fibers, that have been coated with thermoplastic polyurethane. The constituent material of the uppers is considered rubber/plastics (90 percent or less) for classification purposes. The molded rubber/plastics outer soles exhibit large cleats that protrude from the surrounding sole material and measure more than ¼ inch. The shoes do not have foxing or foxing-like bands. Three styles are below-the-ankle and have functional laces as a means of closure. One style is over-the-ankle and does not have laces. The F.O.B. values range between $24.80 and $50.70 per pair. |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |
N329765: The tariff classification of transparent polyvinyl chloride film from China
| HTS: 3920.43.5000, 9902.88.02, 4.2% + 25%, "other plates, sheets, film, foil and strip, of plastic, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of vinyl chloride: containing by weight not less than 6 percent of plasticizers: other." |
| Item: Reynolds Sure Seal Cling Wrap. The film is composed of transparent plasticized polyvinyl chloride (PVC) and is BPA free. The cling wrap is designed to protect the fresh look and taste of food. |
| Reason: N/A |
| Ruling Date: Dec. 12, 2022 |
N329646: The tariff classification of worked shell from China
| HTS: 9601.90.2000, 9903.88.15, free + 7.5%, “Worked ivory, bone, tortoise-shell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by molding): [o]ther: [w] orked shell and articles thereof." |
| Items: Worked shell rosette pieces made from abalone shell. After importation they will be assembled and glued into a rosette in the guitar body. |
| Reason: N/A |
| Ruling Date: Dec. 9, 2022 |
N329704: The tariff classification of Methylprednisolone Acetate Injectable Suspension USP in dosage form, from Italy
| HTS: 3004.32.0000, 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, containing hormones or other products of heading 2937: Containing corticosteroid hormones, their derivatives or structural analogues.” |
| Item: An anti-inflammatory glucocorticoid for intramuscular, intra-articular, soft tissue or intralesional injection. It is used to treat several different conditions, such as inflammation (swelling), severe allergies, adrenal problems, arthritis, asthma, blood or bone marrow problems, eye or vision problems, lupus, skin conditions, kidney problems, ulcerative colitis, and flare-ups of multiple sclerosis. |
| Reason: N/A |
| Ruling Date: Dec. 9, 2022 |
N329297: The tariff classification of Ruxolitinib Phosphate (CAS No. 1092939-17-7) in bulk powder form, from Taiwan
| HTS: 2933.59.5300, 6.5%, “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Other.” |
| Item: An orally bioavailable Janus-associated kinase inhibitor. It is indicated for the treatment of patients with intermediate or high-risk myelofibrosis, post-polycythemia vera myelofibrosis and post-essential thrombocythemia myelofibrosis. |
| Reason: N/A |
| Ruling Date: Dec. 7, 2022 |
N329306: The tariff classification of the Welly Health Body Acne Spray from Canada
| HTS: 3004.90.9245, 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: Dermatological agents and local anesthetics.” |
| Item: A medicinal preparation containing 1% salicylic acid as the active ingredient. It is indicated only for the treatment of acne and will be packaged in 7 fluid ounces (207 mL) spray bottles. |
| Reason: N/A |
| Ruling Date: Dec. 7, 2022 |
N329350: The tariff classification of a toiletry bag with plastic bottles from China
| HTS: 4202.92.3131, 9903.88.03, 17.6% + 25%, " Travel, sports, and similar bags, with outer surface of textile material, other, other, of man-made fibers." |
| Item: A toiletry bag with two empty plastic bottles. The bag is constructed of 100% polyester woven fabric, which is a man-made textile material. The outer surface of the bag is not coated with plastic sheeting. The article features a zippered closure and one carrying handle. The front has one zippered pocket. The bag is designed and sized to provide storage, protection, portability, and organization to cosmetics and toiletries during travel. |
| Reason: The toiletry bag and plastic bottles are considered a set for tariff purposes. |
| Ruling Date: Dec. 7, 2022 |
N329421: The tariff classification of gift bags from China
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: Textile bags intended to be used as an alternative to Christmas gift-wrap or to hold multiple wrapped presents. The bags are composed of a 100% polyester knit, dyed red, velvet fabric, and is lined with a 100% polyester woven, dyed red, fabric. The opened end is hemmed and features a drawstring closure with white pompoms. The front of one bag depicts a Santa. The front of the second bag depicts a Snowman. |
| Reason: The snowman and Santa-themed drawstring textile gift bags are functional, utilitarian articles that hold and carry gifts to the intended recipient. Functional articles are excluded from classification as festive articles. |
| Ruling Date: Dec. 7, 2022 |