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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N329525: The tariff classification of textured polyester yarns from China
| HTS: 5402.33.3000, 9903.88.03, 8.8% + 25%, “Synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: Textured yarn: Of polyester: Single yarn.” |
| Items: Spools of single ply yarn composed of 100% polyester multifilament fibers. The yarns are partially oriented and intended for knitting casing nets for meat products. |
| Reason: N/A |
| Ruling Date: May 11, 2023 |
N331310: The tariff classification of a woman’s blouse from China
| HTS: 6106.20.2010, 9903.88.15, 32% + 7.5%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of man-made fibers: Other: Women’s." |
| Item: A woman's blouse with an overall fiber content of 93.8% rayon and 6.2% spandex knit fabric. The loose-fitting blouse measures at least 10 or more stitches per linear centimeter measured in both directions. The garment extends from the shoulders to below the waist and features a v-neckline, short sleeves, and a straight hemmed bottom. |
| Reason: The garment has characteristics common to garment’s in heading 6106. |
| Ruling Date: May 11, 2023 |
N332226: The tariff classification and country of origin of electrolyte drink mixes from Canada
| Country of Origin: Canada |
| HTS: (if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17) 2106.90.9500, 10%, "Food preparations not elsewhere specified or included … other … other … articles containing over 10 percent by dry weight of sugar..." |
| (If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached) 2106.90.9700, 28.8 ¢/kg + 8.5% |
| Items: Electrolyte drink mixes will be imported from Canada in powdered form and prepared in two different varieties. Ingredients common to all are said to be pure cane sugar (Argentina, Belize, Brazil, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Paraguay, or U.S.A), dextrose (China), citric acid (China), salt (U.S.A), potassium citrate (China), sodium citrate (China), dipotassium phosphate (Thailand), silicon dioxide (U.S.A), rebaudioside A (China), ascorbic acid (U.S.A.), and vitamin blend (U.S.A.). The lemon lime flavor (U.S.A) will be an additional component to the lemon lime electrolyte drink mix. |
| Reason: Except for the pure cane sugar, all the non-originating ingredients satisfy the required tariff shift. |
| Ruling Date: May 11, 2023 |
N332304: The tariff classification of a portable organizer from China.
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other: Other.” |
| Item: A portable organizer designed to carry small accessory items and adhere to the outer surface of a laptop, notebook, or wall. The organizer is comprised of three layers: a top layer of 100% polyester woven fabric, a middle layer of polypropylene plastic sheeting, and a bottom layer of 2mm polypropylene plastic board. The top layer is glued to the middle layer, and both layers are sewn to the bottom layer. The top layer features one full-sized mesh pocket with a flap closure, three open slot pockets and an elasticized band. The mesh pocket is comprised of 100% polyester woven fabric, dyed black, with a binding sewn along the top edge. The flap closure is comprised of 100% polyester woven fabric. The three open slot pockets are made of 100% polyester woven fabric. T |
| Reason: The storage organizer is a composite good consisting of a made-up textile fabric (heading 6307) and polypropylene plastics (chapter 39). The essential character of the storage organizer to be the textile fabric. |
| Ruling Date: May 11, 2023 |
N332348: The tariff classification of Wall Filler Putty from Japan
| HTS: 3214.10.0010, 3.7%, "Glaziers’ putty, grafting putty, resin cements, caulking compounds and other mastics: Mastics: Caulking compounds." |
| Item: A mastic compound made of petroleum based synthetic resin used to seal ductwork and other HVAC components when installing a mini-split air conditioning system. The provided product image indicates that the putty will be imported in individually wrapped packages in brick form, suitable for retail sale. |
| Reason: N/A |
| Ruling Date: May 11, 2023 |
N332506: The tariff classification of a textile hangtag with a snap gromment from China
| HTS: 6307.90.9891; 9903.88.15 |
| Item: A textile hangtag intended to hold and hang a necklace and the security tag at retail sale. The rectangular shaped hangtag is composed of 60% polyester and 40% polyamide microfiber nonwoven fabric. The ends are die cut and feature a metal snap grommet at either end. When the hangtag is folded and snapped together the enclosed necklace(s) can be displayed from a peg. |
| Reason: N/A |
| Ruling Date: May 11, 2023 |
N332565: The tariff classification of electric seat motors from China
| HTS: 8501.31.2000, 9903.88.01, 2.8% + 25%, “Electric motors…: Other DC motors; DC generators: Of an output not exceeding 750 W: Motors: Exceeding 37.5 W but not exceeding 74.6 W” |
| Items: Vehicle power seat adjust motors, which are 12 VDC electric motors with an attached gearbox. CBP calculated the maximum output power at 42 W. The electric motor assemblies are used to control the height function of a motor vehicle seat. |
| Reason: The electric motor assemblies are separate and distinct commercial entities. |
| Ruling Date: May 11, 2023 |
N332581: The tariff classification of printed tabletop decor from China
| HTS: 4911.99.8000, 9903.88.15, free + 7.5%, “Other printed matter:… Other: Other: Other: Other.” |
| Item: A tabletop decoration constructed primarily of medium density fiberboard. The MDF board has a raised frame edge. Centered within the frame is an MDF tag measuring 6 inches long by 1” high that is screwed to the backing. On this plaque is the word “Merry” prominently silkscreened in all uppercase letters. The rest of the board, behind the tag, is covered with plaid polyester fabric. |
| Reason: N/A |
| Ruling Date: May 11, 2023 |
N332583: The tariff classification of a Christmas decoration from China
| HTS: 9505.10.1500, free, "Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of wood.” |
| Item: The MDF Peace Christmas Wall Hanging Décor, which consists of a cutout image of the word “peace,” prominently featuring a large cutout of a golden glitter Christmas star mounted on the front face of the item, located between the letters “a” and “c.” The item is predominently composed of medium density fiberboard wood and is marketed and sold exclusively as a Christmas decoration for the home. |
| Reason: N/A |
| Ruling Date: May 11, 2023 |
N332585: The tariff classification of printed decor from China
| HTS: 4911.99.8000, 9903.88.15, free + 7.5%, “Other printed matter:… Other: Other: Other: Other.” |
| Item: A tabletop plaque constructed primarily of medium density fiberboard. Running lengthwise through the middle of the frame is a wide strip of faux leather with the words “’Tis the Season” debossed on it. Behind the strip of faux leather, the MDF is covered with plaid polyester fabric. |
| Reason: Although the importer refers to the item as a Christmas decoration, it displays no recognized festive motif. The use of the words “’Tis the Season” alone on a plaid background is not sufficient to limit its use to any particular holiday. This item would not be classified as a festive article of Chapter 95. |
| Ruling Date: May 11, 2023 |