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.
N332535: The tariff classification of traditional handloomed articles from Bolivia
HTS: 6304.99.6010, 3.2%, “Other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of other textile materials: Other: Other: Of wool or fine animal hair.” |
Items: Two types of handloomed cloth panels made from 100% wool yarns. The two panels are formed using a warp patterning technique and are sewn together with a zigzag stitch in sections of different colored yarns to create a finished article. The panels are predominately black with multi-colored warps along the sides creating a series of vertical stripes along the length of the fabric. All four edges are finished using a cord formed with multi-colored yarns. The items are traditionally worn around a woman’s shoulders by certain ethnic groups in Bolivia. In the U.S., the cloth will be marketed and sold as an ornamental cloth for covering furniture or the bed. |
Reason: N/A |
Ruling Date: May 19, 2023 |
N332682: The tariff classification of men’s coated trousers from Italy
HTS: 6203.49.5015, 27.9%, "Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of other textile materials: Other: Of artificial fibers: Trousers, breeches and shorts: Other: Other: Trousers and breeches: Men’s." |
Item: A pair of men’s trousers. The garment is constructed from 100% lyocell woven fabric that is subsequently coated with polyurethane to resemble a distressed finish. The trousers feature a zippered fly with a button closure, a flat waistband with belt loops, front inset pockets, a coin pocket within the right inset pocket, rear patch pockets, and hemmed leg openings. |
Reason: N/A |
Ruling Date: May 19, 2023 |
N332780: The tariff classification of a plastic wheel from China
HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” |
Item: A plastic wheel that will be used on an outdoor grill. The black wheel is made of hard plastic and measures six inches in diameter by 1.74 inches in width. It will be imported separately from the grill and used as a replacement wheel for customer service needs. |
Reason: N/A |
Ruling Date: May 19, 2023 |
N332805: The tariff classification of Duloxetine Hydrochloride Delayed-Release Capsules in dosage form, from India
HTS: 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.” |
Item: Duloxetine Hydrochloride, imported in 20 mg, 30 mg and 60 mg delayed-release capsules, is a selective serotonin and norepinephrine reuptake inhibitor. It is indicated for the treatment of major depressive disorder, generalized anxiety disorder, diabetic peripheral neuropathic pain, fibromyalgia and chronic musculoskeletal pain. |
Reason: N/A |
Ruling Date: May 19, 2023 |
N332627: The tariff classification of a cotton woven upholstery fabric from China
HTS: 5212.25.2560, 9903.88.03, free + 25%, "Other woven fabrics of cotton: Weighing more than 200 g/m2: Printed: Other: Other: Sheeting." |
Item: A woven fabric with a printed abstract floral design. The fabric is of plain weave construction, weighs 337 g/m2 and is composed wholly of staple fibers, of which 70% is cotton and 30% is linen/flax. The fabric has 13.0 warp ends and 12.2 filling picks per centimeter. The average yarn number for this fabric has been calculated to be 7.47 in the metric system. |
Reason: The cotton fabric is not mixed mainly or solely with man-made fibers, but linen/flax fibers. Additionally, the fabric does not meet the requirements of poplin or broadcloth. |
Ruling Date: May 18, 2023 |
N332673: The tariff classification of a color-changing salt lamp from China
HTS: 8543.70.9860, 9903.88.02, 2.6% + 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” |
Item: A lamp comprised of a plastic base with an incorporated color-changing LED light bulb. The bulb has no steady-on function. A removable salt block is also included that will be placed on top of the base, covering the LED bulb. In use, the bulb is turned on and rotates through an array of colors, illuminating the salt block. |
Reason: N/A |
Ruling Date: May 18, 2023 |
N332677: The tariff classification of five plastic components from China
HTS: (1) 3923.50.0000, 9903.88.03, 5.3% + 25%, “Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Stoppers, lids, caps and other closures.” |
(2), (3): 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” |
Item: Plastic components made wholly of silicone plastic and are used with fiber optic enclosures to protect the interior from outside elements. (1) Round silicone caps that are solid on one side and have small circular cavities, ranging from one to four, on the other side. (2) A brick-shaped rectangle with eight holes that pass all the way through. (3) A shaped rectangle block that features two holes that pass all the way through. |
Reason: N/A |
Ruling Date: May 18, 2023 |
N332747: The country of origin of an adjustable wrench
Country of Origin: Vietnam |
Item: An open-end wrench with an adjustable jaw range that can be used with varied sizes of hexagonal fastener heads on nuts, bolts, screws, and the like. The wrench incorporates three main components: a handle that ends in a fixed jaw, a moveable jaw, and a worm screw that adjusts the opening of the wrench. |
Reason: The processes and assembly operations performed in China do not constitute a substantial transformation of the three main components that were manufactured in Vietnam. These articles provide the principal characteristics of the finished wrench, are dedicated for use as such and cannot be used for any other purpose. |
Ruling Date: May 18, 2023 |
N332748: The country of origin of slip joint pliers
Country of Origin: Vietnam |
Item: Pliers designed with a slip joint, which allows the user to move the handles apart to increase the jaw size and enlarge grip capacity. |
Reason: The pliers’ handles and jaws constitute the essential characteristics of the finished pliers. The handles and jaws are dedicated for use as pliers upon export from Vietnam. The handles and jaws are not substantially changed by the addition of the remaining components nor are the assembly operations complex enough so as to transform the handles and jaws into a new article. |
Ruling Date: May 18, 2023 |
N332749: The country of origin of tongue-and-groove pliers
Country of Origin: Vietnam |
Item: Tongue-and-groove pliers. The pliers are designed with jaws that can adjust to multiple positions at a variety of widths and have handles that are at an angle to the jaws. They are also characterized by a slip joint, which allows the user of the pliers to move the handles apart to increase jaw size and enlarge grip capacity. |
Reason: The processes and assembly operations performed in China do not constitute a substantial transformation of the two main components of the pliers that are manufactured in Vietnam. These articles provide the principal characteristics of the finished pliers, are dedicated for use as such, and cannot be used for any other purpose. |
Ruling Date: May 18, 2023 |