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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N332410: The tariff classification of a metal tabletop decoration from China
| HTS: 8306.29.0000, free, “… Statuettes and other ornaments, of base metal … and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other.” |
| Item: The Love Marquee Light Up Tabletop Decor. The two styles include a thin backing made of medium density fiberboard and 9 light-emitting diodes. They each measure approximately 11.61 inches by 1.37 inches by 4.13 inches and are operated with 2 AAA batteries which are not included. The LED light merely enhances the article’s decorative appeal and is not a substantial source of lighting. |
| Reason: N/A |
| Ruling Date: May 4, 2023 |
N331974: The country of origin of a brake hose
| Country of Origin: Thailand |
| Item: A front brake hose with an inner tube made of fluorine resin, SUS wire braiding and thermoplastic urethane outer cover. The hose is used to deliver braking force to the brake pads via hydraulic pressure and brake fluid. |
| Reason: The assembly operations performed in Thailand, which consists of the adding of fittings, bolts, grommets, shrink tape, etc. to the Japanese bulk hose transforms the bulk hose into a new commercial article. The cutting and addition of these fittings substantially changes the bulk hose’s identity. |
| Ruling Date: May 3, 2023 |
N332036: The tariff classification of two woven upholstery fabrics from China
| HTS: (1) 5407.53.2060, 9903.88.03, 12% + 25%, "Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent or more by weight of textured polyester filaments: Of yarns of different colors: Other: Weighing more than 170 g/m²." |
| (2) 5514.23.0090, 9903.88.03, 14.9% + 25%, "Woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m²: Dyed: Other woven fabrics of polyester staple fibers: Other." |
| Items: (1) A woven fabric of yarns of different colors. The fabric is of plain weave construction and is composed of 100% textured polyester filament yarns. The fabric weighs 320 g/m². An acrylic coating has been applied to the reverse side of the fabric; however, the coating is not visible to the naked eye. The fabric will be imported in 58-inch widths and will be used for upholstery. (2) A dyed woven fabric of jacquard weave construction. The fabric is composed of 55% polyester, 28% cotton and 17% linen/flax. The fabric weighs 570 g/m². The fabric will be imported in 54-inch widths and will be used for upholstery. |
| Reason: Based on the specification sheet provided with your request, the fabric is composed wholly of textured polyester filament yarns. |
| Ruling Date: May 3, 2023 |
N332037: The tariff classification of three woven upholstery fabrics from China and Turkey
| HTS: (1) 5515.12.0040, 12%, "Other woven fabrics of synthetic staple fibers: Of polyester staple fibers: Mixed mainly or solely with man-made filaments: Satin weave or twill weave." |
| (2), (3) 5211.51.0030, 9903.88.03, free + 25%, "Woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2: Printed: Plain weave: Sheeting: Not napped." |
| Items: (1) A woven fabric of yarns of different colors that has the appearance of a dense fibrous surface. The fabric is of satin weave construction, weighs 542 g/m2 and is composed of 49% polyester, 22% polypropylene, 22% acrylic and 7% rayon. The specification sheet states that an acrylic back coating has been applied to the reverse side of the fabric; however, the coating is not visible to the naked eye. The fabric will be imported in 55-inch widths and will be used for upholstery. (2) A woven fabric with a printed design. The fabric is of plain weave construction, weighs 285 g/m2 and is composed wholly of staple fibers, of which 59% is cotton and 41% polyester. Additionally, the fabric has 24.4 warp ends and 12.6 filling picks per centimeter. The average yarn number for this fabric has been calculated to be 12.98 in the metric system. You indicate that this fabric will be imported in 56-inch widths and will be used for upholstery. (3) A woven fabric with a printed design. The fabric is of plain weave construction, weighs 285 g/m2 and is composed of 54% cotton staple fibers and 46% polyester filament yarns. Additionally, the fabric has 24.4 warp ends and 12.6 filling picks per centimeter. The average yarn number for this fabric has been calculated to be 12.98 in the metric system. You indicate that this fabric will be imported in 56-inch widths and will be used for upholstery. |
| Reason: N/A |
| Ruling Date: May 3, 2023 |
N332069: The country of origin of bottle grade polyethylene terephthalate (PET) resin chips from South Korea
| Country of Origin: South Korea |
| Item: Amorphous PET chips with a low intrinsic viscosity are imported from China to South Korea. The AMPET chips undergo solid-state polymerization in South Korea. Solid-state polymerization is carried out by heating the low molecular weight prepolymer at temperatures below its melting point but above its glass transition temperature. The solid-state polymerization process at SK’s plant consists of the following steps: |
| Reason: The solid-state polymerization process transforms the transparent amorphous PET resin chips into opaque bottle grade PET resin chips. This process also increases the molecular weight and intrinsic viscosity of the chips. This process qualifies the product for use in bottle production. The solid-state polymerization process to transform the AMPET into bottle grade PET results in a substantial transformation. |
| Ruling Date: May 3, 2023 |
N332122: The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of Cast Tungsten Carbide Matrix Powder from Canada
| HTS: 3824.30.0000,3.6%, "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: Nonagglomerated metal carbides mixed together or with metallic binders." |
| USMCA Eligibility: Eligible |
| Item: Cast tungsten carbide matrix powder would eventually be used in the manufacture of drill bits, such as those used by the oil and gas industry, to cut through very hard rock. |
| Reason: The good qualifies for USMCA preferential tariff treatment because it will meet the requirements of HTSUS General Note 11(b)(iii). |
| Ruling Date: May 3, 2023 |
N332212: The tariff classification of video camera doorbells from China
| HTS: 8525.89.3000, 9903.88.03, free + 25%, “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Television cameras, digital cameras and video camera recorders: Television cameras: Other.” |
| Item: The VKPl-MYQ series of video doorbells. The product is a composite machine that consists of a camera, doorbell chime, 2-way talk functionality, and a keypad to control access, and is designed to be installed in place of doorbells in homes, offices, and other buildings. The doorbells enhance security, simplify access and provide expanded functionality to users. The camera can capture "real-time" video images and transmit them to a mobile device using Chamberlain's proprietary "MyQ" app. The camera does not have any recording capability. The radio remote-control keypad garage door opener can be programmed with PIN codes for up to 16 different users. It is the opinion of this office, that the camera performs the principal function of this composite machine. |
| Reason: N/A |
| Ruling Date: May 3, 2023 |
N332253: The tariff classification of a flour sifter from China
| HTS: 8210.00.0000, 9903.88.03, 3.7% + 25%, “Hand-operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink, and base metal parts thereof.” |
| Item: A mechanical flour sifter made wholly of stainless-steel, to include the body, handle, sifting blades, and the sieve screen. The sifter operates by squeezing the lever in the handle, which activates the blades to sift ingredients through the sieve. The sifter has a volume of 250 grams, and features markings on the side at both the 125-gram and 250-gram levels. The provided documentation states this hand-operated mechanical appliance weighs 80-grams. |
| Reason: N/A |
| Ruling Date: May 3, 2023 |
N332271: The tariff classification of woven wire cloth from China
| HTS: (1), (2) 7314.19.0100, 9903.88.03, free + 25%, "Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other." |
| (3, depending on mesh size): 7314.14.1000, 9903.88.03, free + 25%, "Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other woven cloth, of stainless steel: With meshes not finer than 12 wires to the lineal centimeter in warp or filling." |
| (3, depending on mesh size): 7314.14.2000, 9903.88.03, free + 25%, "Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other woven cloth, of stainless steel: With meshes finer than 12 but not finer than 36 wires to the lineal centimeter in warp or filling." |
| (3, depending on mesh size): 7314.14.9000, 9903.88.03, free + 25%, "Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other woven cloth,of stainless steel: with meshes finer than 36 wires to the lineal centimeter in warp or maximum: Other." |
| Item: Wire mesh used in equipment designed to sift, size and filter different minerals or materials. According to your submission, this woven wire cloth is made from grades (1) 65Mn and (2) SWRH72A nonalloy steel or (3) Grade 304 stainless steel. The cloth will be imported in various mesh sizes and with or without hooks. |
| Reason: N/A |
| Ruling Date: May 3, 2023 |
N332305: The tariff classification of two backpacks from China
| HTS: 4202.92.3120; 9903.88.03, 17.6% + 25%, "Travel, sports, and similar bags, with outer surface of textile materials, of man-made fibers, backpacks." |
| Items: Backpacks constructed of 100% polyester, which is a man-made material. The outer surface of the finished article is not coated with plastic sheeting. The backpacks are designed to provide storage, protection, organization and portability to personal effects during travel. The back of each pack has two adjustable straps that allow the user to wear it over the shoulders on the back. |
| Reason: N/A |
| Ruling Date: May 3, 2023 |