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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N332470: The country of origin and classification of SB-9503, tradename Midori Biofungicide
| Country of Origin: China |
| HTS: 3808.92.5080, 9903.88.03, 5% + 25%, “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Fungicides: Other: Other: Other.” |
| Item: A fungicide preparation containing the Bacillus amyloliquefaciens strain AT 332 as the active ingredient. It is intended to be used for the control of fungal diseases on vegetables, grapes, and fruit crops. |
| Reason: The country of origin of the finished fungicide will be the country of origin of the active ingredient. |
| Ruling Date: May 24, 2023 |
N332501: The country of origin of Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0) for use in herbicides, in the form of a concentrate
| Country of Origin: Malaysia |
| Item: Glyphosate Monoisopropylamine Salt formulated in Malaysia. About 50% capacity of N-(phosphonomethyl) Glycine (CAS # 1071-83-6) from China will be reacted with about 25% capacity of MIPA (CAS # 75-31-0) in the presence of water to obtain Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0). The process is run in batches until 62% Glyphosate Monoisopropylamine Salt manufacturing concentrate (CAS # 38641-94-0) is produced in liquid form. The 62% Glyphosate Monoisopropylamine Salt concentrate (CAS # 38641-94-0) is shipped to the USA from Malaysia in 1000L IBC Totes. |
| Reason: The Glyphosate Monoisopropylamine Salt undergoes a chemical reaction, mixing, and formulating in Malaysia. |
| Ruling Date: May 24, 2023 |
N332567: The tariff classification of wooden fence pickets from China
| HTS: 4409.10.9040, 9903.88.03, free + 25%, "Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed: Coniferous: Other: Other: Other." |
| Item: A wooden fence picket. The wood board is constructed of Japanese cedar. The panels are tongued and grooved along the edges and straight cut on the ends. These fence pickets are not coated or covered with any material. |
| Reason: N/A |
| Ruling Date: May 24, 2023 |
N332852: The tariff classification of Carprofen Chewable Tablets and Enrofloxacin Flavored Antibacterial Tablets in dosage form, from India and China, respectively
| HTS: 3004.90.9203, 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: For veterinary use.” |
| Items: Carprofen, imported in 25 mg, 75 mg, and 100 mg chewable tablets, is a non-steroidal anti-inflammatory drug. It is indicated for the relief of pain and inflammation associated with osteoarthritis and for the control of postoperative pain associated with soft tissue and orthopedic surgeries in dogs. Enrofloxacin, imported in 22.7 mg, 68 mg, and 136 mg flavored antibacterial tablets, is a fluoroquinolone antibacterial drug. It is indicated for use in dogs and cats for the management of diseases associated with bacteria susceptible to enrofloxacin. In your letter you indicated Enrofloxacin Flavored Antibacterial Tablets will be imported from India. |
| Reason: N/A |
| Ruling Date: May 24, 2023 |
N332442: The tariff classification of gummy vitamins from China
| 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 described in additional U.S. note 3 to chapter 17… described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions." |
| (the quantitative limits of additional U.S. note 8 to chapter 17 have been reached): 2106.90.9700, 28.8¢/kg + 8.5% |
| Item: A gummy supplement for human consumption that is said to contain glucose syrup, sucrose, organic apple cider vinegar liquid, Vitamin B12, Bacillus coagulans, Vitamin B6, folic acid, green tea extract, pomegranate powder, papaya extract, kiwi juice powder, black pepper extract, pectin, citric acid, sodium citrate, natural flavouring, glazing agent. The gummy product will be imported in bulk containers. |
| Reason: N/A |
| Ruling Date: May 23, 2023 |
N332443: The tariff classification of herbal extract gummy vitamins from China
| HTS: 2106.90.9998, 6.4%, "Food preparations not elsewhere specified or included ... other ... other ... other." |
| Item: A gummy supplement for human consumption that is said to contain maltitol syrup, erythritol, sorbitol syrup, glycerine, Cinnamomum verum (10:1), chromium yeast, pectin, citric acid, sodium citrate, natural flavourings and anthocyanins. The gummy product will be imported in bulk containers. |
| Reason: N/A |
| Ruling Date: May 23, 2023 |
N332461: The tariff classification of Frozen Croquettes from Spain
| HTS: (1) 1605.53.0500, free, “Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Mussels: Products containing fish meat; prepared meals.” |
| (2) 1605.54.0500, free, “Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Molluscs: Cuttle fish and squid: Products containing fish meat; prepared meals.” |
| (3), (4), (5) 1901.90.9195, 6.4%, “Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” |
| Items: (1) A mussel croquette composed of pasteurized whole milk, mussels, breadcrumbs, onion, fried tomato, wheat flour and starch, sunflower oil, water, rehydrated breading mix, butter, gelling agent, salt, concentrated fish broth, methylcellulose, mono- and diglycerides of fatty acids, garlic, and spices. (2) A squid croquette composed of pasteurized whole milk, squid, water, wheat flour, onion, panko breadcrumbs, sunflower oil, sepia ink, white wine, breading mix, and salt. (3) A veggie chorizo croquette is composed of soy drink, soy protein-based vegetable product, methylcellulose, ascorbic acid, salt, vegetable fiber, calcium alginate, paprika extract, breadcrumbs, mono- and diglycerides of fatty acids, monocalcium phosphate, corn starch, onion, rehydrated breading mix, olive and sunflower oils, salt, and carrageenan. This product does not contain chorizo sausage. (4) A pizza croquette composed of pasteurized whole milk, cheese, breadcrumbs, pork shoulder, sodium erythorbate, sodium nitrite, carminic acid, spices, wheat flour and starch, butter, breading mix, gelling agent, salt, mono - and diglycerides of fatty acids, methylcellulose, and oregano. (5) An Ibiza ham croquette composed of pasteurized whole milk, water, wheat flour, ascorbic acid, Iberian ham, breadcrumbs, sunflower oil, breading mix, and salt. In each of the croquette, the ingredients are blended and breaded. |
| Reason: N/A |
| Ruling Date: May 23, 2023 |
N332620: The country of origin of PV 23 Pigment Powder
| Country of Origin: Germany |
| Item: Finished Pigment Violet 23 powder produced in Germany, using PV 23 Crude from Germany, India, or China; isobutanol from Germany, and additives/synergists from Germany. |
| Reason: The production process in Germany using raw materials from Germany, India, and China, results in a substantial transformation of the raw materials of German, Indian or Chinese origin. |
| Ruling Date: May 23, 2023 |
N332706: The tariff classification and country of origin determination of a exterior shade from China
| Country of Origin: China |
| HTS: 6306.12.0000, 8.8%, “Tarpaulins, awnings and sunblinds; tents (including temporary canopies and similar articles); sails for boats, sailboards or landcraft; camping goods: Tarpaulins, awnings and sunblinds: Of synthetic fibers.” |
| Item: An outdoor shade designed to be permanently attached to a porch, balcony, back trellis, or outdoor window and is intended to provide shade and privacy. The exterior shade consists of a headrail, operating system, shade and bottom rail. The shade is composed of 70% polyvinyl chloride and 30% polyester woven mesh fabric. Prior to weaving, the 100% polyester multifilament yarn is coated with PVC. The operating system components are assembled and inserted into an aluminum tube, referred to as a headrail. |
| Reason: The fabric for the exterior shade was manufactured in China. |
| Ruling Date: May 23, 2023 |
N332771: The tariff classification of a decorative glass box from China
| HTS: 7013.99.9090; 9903.88.15, 7.2% + 7.5%, "Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): Other glassware: Other: Other: Other: Valued over $3 each: Other: Valued over $5 each…Other.” |
| Item: A glass decor box with polyethylene braided strips. The box has four glass sides, a glass lid, and polyethylene braided strips on the lid (between the glass) and on the outer sides of the box. The edges of the box are framed with brass. The lid is hinged to allow the item to function as a box. |
| Reason: N/A |
| Ruling Date: May 23, 2023 |