Rulings, remedies and court proceedings for customs and trade professionals

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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N331941: The country of origin of a Micro USB cable

Country of Origin: Philippines
Item: A six-foot USB-A to Micro USB cable. The cable consists of a six-foot length of insulated cable affixed at one end with a USB-A connector and a Micro USB connector at the other. The subject cable is used to connect and charge a variety of mobile devices to host units and charging stations.
Reason: The addition of the Taiwanese-origin connectors does not substantially transform the cable into a new and different article of commerce with a name, character, and use distinct from the individual components.
Ruling Date: April 19, 2023

N331942: The country of origin of a USB-C to USB-A charging cable

Country of Origin: Philippines
Item: A four-foot USB-C to USB-A cable. The cable consists of a four-foot length of insulated cable affixed at one end with a USB-C connector and a USB-A connector at the other. The subject cable is used to connect and charge a variety of mobile devices to host units and charging stations.
Reason: The addition of the Taiwanese-origin connectors does not substantially transform the cable into a new and different article of commerce with a name, character, and use distinct from the individual components.
Ruling Date: April 19, 2023

N331969: The tariff classification of stainless steel shims from Slovenia

HTS: (1) 7220.90.0015, 9903.80.01, free + 25%, “Flat-rolled products of stainless steel, of a width of less than 600 mm: Other: Containing more than 0.5 percent but less than 24 percent by weight of nickel: Other.”
(2) 7326.90.8688, 2.9%, “other articles of iron or steel, other, other…other.”
Items: Stainless steel shims used to align the bearing box assembly to the fan casing in your Piller fans. (1) A hot-rolled shim, cut to a rectangular size, and includes two, pre-drilled holes. The shim measures 640 mm (length) x 170 mm (width) x 18 mm (thickness). (2) A cold-rolled shim imported in thicknesses of 1 mm, 2 mm, or 3 mm. The shim is laser cut to a unique size and shape.
Reason: N/A
Ruling Date: April 19, 2023

N331980: The tariff classification of diesel generator sets from Canada

HTS: (1) 8502.11.0000, 2.5%, “Electric generating sets and rotary converters: Generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines): Of an output not exceeding 75 kVA.” T
(2) 8502.12.0000, 2.5%, “Electric generating sets and rotary converters: Generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines): Of an output exceeding 75 kVA but not exceeding 375 kVA.”
Items: (1) A genset, described as steel enclosure containing an electric generating set, having a diesel engine prime mover, that can be mounted onto a metal chassis on wheels. The generator set functions to produce electric power in various settings such as remote locations, oil fields, fishing and hunting camps, and national parks. The maximum output of the generator set as 56.25 kVA. (2) Gensets with a maximum output of 100 kVA.
Reason: N/A
Ruling Date: April 19, 2023

N331993: The tariff classification of a “Coven Witch Hand Chain” from China

HTS: 7117.90.7500, free, “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.”
Item: A hand accessory comprised of faux leather, base metal, and plastic. It includes a wrist cuff and three finger rings made of black faux leather. Attached to the wrist cuff is a base metal decoration in the shape of a crescent moon embellished with star and moon figures. There are base metal snap closures on the wrist cuff, and chains that connect three finger rings to the wrist cuff.
Reason: N/A
Ruling Date: April 19, 2023

N332031: The tariff classification of incontinent briefs from Canada

HTS: 6113.00.1012, 9817.00.96, free, “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.”
Item: Containment briefs used while swimming. The briefs are constructed from 93% polyester 7% spandex knit fabric coated with a polyurethane material that completely obscures the underlying fabric. The briefs feature a hook and loop closure on each side of the waist, an elasticized waist and leg openings.
Reason: Information and samples support the claim that these items have significant special features for the use of adults with incontinence and are designed to be washed and repeatedly re-used.
Ruling Date: April 19, 2023

N332145: The tariff classification of an upper body garment from India

HTS: 6106.10.0030, 19.7%, “Women’s or girl’s blouses and shirts, knitted or crocheted: Of cotton: Girls’: Other.”
Item: A girl’s upper body garment constructed of 100% cotton knit fabric that measures at least 10 or more stitches per linear centimeter in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a rib knit crew neckline, long sleeves and a curved hemmed bottom.
Reason: Based on the appearance of the garment as well as the definition and reasoning set forth in Headquarters Rulings HQ H325360 and HQ H324935, the style is a loose-fitting blouse.
Ruling Date: April 19, 2023

N332161: The tariff classification of data bus couplers from Mexico

HTS: (1) 8537.10.9170, 2.7%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other”.
(2) 8544.49.2000, 3.5%, “Insulated (including enameled and 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 electric conductors, for a voltage not exceeding 1,000 V: Other: For a voltage not exceeding 80 V: Other.”
Items: (1) An aluminum enclosure having 10 externally mounted male bayonet connectors and four internal printed circuit board assemblies that contain isolation resistors and transformers. The box coupler functions to interconnect multiple data bus lines but is a passive electrical connection where the signals are not altered. (2) An aluminum enclosure having a passive PCBA and approximately 20 feet of electrical cable attached to the ends. The PCBA, which serves as the connection point for incoming and outgoing twisted pair cable wires, contains isolation resistors and a transformer. The in-line microcoupler functions to interconnect shielded twisted pair cables onto a data bus while not altering the electrical signals.
Reason: Though the importer stated that the microcoupler is used within a vehicle, CBP found that it did not meet the definition of a wiring set. A "wiring set" is defined as wires grouped together to form a unit. Based upon the information provided, there is only one wire that performs the electrical transmission.
Ruling Date: April 19, 2023

N332217: The tariff classification of photovoltaic (PV) generators from France

HTS: 8501.72.1000, 2.5%, “Electric motors and generators (excluding generating sets): Photovoltaic DC generators: Of an output exceeding 50 W: Of an output not exceeding 750 W”.
Items: Two models of crystalline solar panel generators described as aluminum framed crystalline solar generators having a glass surface, a back sheet, a junction box, and output cables. The crystalline cells are manufactured in France and are is sold as 12 V battery chargers that can be used in RVs, homes, and boats, as well as a back-up and remote power source. The PV generators connect directly to the electrical load, such as an RV’s inverter to supply generated electricity. The maximum power output of the generators is 120 W.
Reason: N/A
Ruling Date: April 19, 2023

N332218: The tariff classification of photovoltaic (PV) generators from France

HTS: 8501.72.1000, H2.5%, “Electric motors and generators (excluding generating sets): Photovoltaic DC generators: Of an output exceeding 50 W: Of an output not exceeding 750 W.”
Items: Two models of crystaline solar panel generators. The generators are aluminum framed crystalline solar generators with glass surfaces, back sheets, junction boxes, and output cables. The cells are manufactured in France, and these models are sold as a 12 V battery chargers that can be used in RVs, homes, and boats, as well as a back-up and remote power source. The PV generators connect directly to the electrical load, such as an RV’s inverter to supply generated electricity. The maximum power output of this PV generator is 175 W.
Reason: N/A
Ruling Date: April 19, 2023