Recent CBP NY Rulings

June 20, 2023 by Ben Perkins|Customs 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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N332977: The tariff classification of Frozen Boiled Octopus from China

HTS: 1605.55.6000; 9903.88.03, free + 25%, “Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Octopus: Other.”

Item: Frozen Boiled Octopus. The raw mollusc is thawed, cleaned, washed, cut, separated, boiled, cooled, washed, vacuum packed in 1-kilogram bags then frozen. The product which will be sold to the food service industry is imported in cartons holding 10 individual bags each.

Reason: N/A

Ruling Date: May 26, 2023

N332529: The country of origin of cushions, powder wash and brow wax

Country of Origin: South Korea

Items: Cushions, powder wash, and brow wax. Processing in South Korea is described as follows for all three items. The raw materials are assembled, weighed and stored in South Korea, then bulk mixed, and prepared, before being put into bulk storage in South Korea. The mixed and prepared product in bulk storage, is shipped from South Korea to China.

Reason: The method of processing in South Korea involved mixing and blending and processing of the raw ingredients, taking both foreign and domestic inputs to create the bulk cosmetic, which resulted in a substantial transformation of the raw materials.

Ruling Date: May 25, 2023

N332776: The tariff classification of produce labels from Thailand

HTS: (1) 4821.10.4000, free, "Paper and paperboard labels of all kinds, whether or not printed: Printed: Other."

(2): 4911.99.8000, free, “Other printed matter:… Other: Other: Other: Other.”

Items: (1) A produce label made of paper laminated with oriented polypropylene plastic. The paper label is cut to a rectangular shape with rounded corners. The label is folded in half over a rubber band and bonded to itself. The rubber band allows the label to be attached to fresh produce and also serves to bundle the vegetables. The label is UV-printed with information identifying the type of vegetable, its country of growth, and an identification number. (2) A printed produce label made of polypropylene plastic and connected to a band of natural rubber, as the one above. The label is UV printed with information identifying the type of vegetable, its country of growth, and an identification number. It will be affixed to the vegetable by means of the elastic band, which also bundles the vegetables.

Reason: Non-adhesive printed plastic labels are not specifically provided for.

Ruling Date: May 25, 2023

N332826: The tariff classification of a scratch art kit from China

HTS: 4911.91.2040, free, “Other printed matter… Other pictures, designs and photographs: Printed not over 20 years at the time of importation: Other: Lithographs on paper or paperboard: Not over 0.51 mm in thickness: Other.”

Item: The Mini Scratch & Scribble Art Kit – Friendly Fish. The kit consists of four lithographically printed coated paper cards, two rainbow scratch cards, and a wooden stylus packaged together. The cards measure approximately four inches by six inches. The four printed cards consist of color illustrated pictures of various fish that are covered with a scratch off coating on which are printed line art outlines of the illustrations beneath.

Reason: This kit therefore meets the term “goods put up in sets for retail sale.” The four illustrated coated cards with line art confer the essential character of the set. They predominate in quantity, use, and presumably in value, over the blank coated rainbow cards or the stylus.

Ruling Date: May 25, 2023

N332831: The tariff classification of a scratch art kit from China

Item: The Scratch & Scribble Art Kit – Fantastic Dragons – 10 Pc Set. The kit consists of four lithographically printed coated paper cards, two rainbow scratch cards, two holographic sparkle cards, one printed sparkle sticker sheet, and a wooden stylus packaged together. The cards measure approximately six inches by eight inches. The four printed cards consist of color illustrated pictures of various dragons that are covered with a scratch-off coating on which are printed line art outlines of the illustrations beneath.

Reason: N/A

Ruling Date: May 25, 2023

N332833: The tariff classification of HVAC cable from China

HTS: 8544.42.9090, 9903.88.03, 2.6% + 25%, “Insulated (including enameled or 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: Fitted with connectors: Other: Other: Other.”

Item: An air conditioning communication cable. The cables are constructed identically with the difference being that the first is imported at a length of 18 feet while the second is presented at a length of 27 feet. The cables are constructed of four separately insulated copper conductors bundled together and further insulated with PVC. The end of each conductor is affixed with varying styles of terminal connectors. You state that the finished cables are rated at 600V.

Reason: N/A

Ruling Date: May 25, 2023

N332872: The tariff classification of a scratch art kit from Malaysia

Item: The Scratch & Shine: Foil Scratch Art Kit – Geometric Animals. The kit consists of six lithographically printed coated paper cards, measuring approximately 8 inches by 10 inches, and a wooden stylus. The pointed wooden stylus is used to scratch along the printed line art to remove the layer of coating and reveal the layer of either gold or silver foil below. The foil is sandwiched between the paper card and the top coating. The six drawings represent a tiger, an elephant, an owl, a wolf, a bear, and a deer, along with additional embellishments to further decorate each picture.

Reason: N/A

Ruling Date: May 25, 2023

N332878: The tariff classification of an electric wine opener from China

HTS: 8509.80.5095, 4.2%, "Electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, other."

Item: A wine opener with a cylindrical housing measuring approximately 9” high and 3” in diameter containing an electric motor inside. It weighs approximately 0.26 kg and is intended to be used in the home to remove the cork from a wine bottle. The wine opener includes a cork screw and a foil cutter. The foil cutter is a steel blade inside a plastic housing, which is placed on the top of the wine bottle and turned to cut the foil or plastic cover on the cork that is inside the bottle. It is designed to fit onto the bottom of the corkscrew to provide easy storage. The corkscrew has a stainless steel screw mechanism in a plastic body.

Reason: N/A

Ruling Date: May 25, 2023

N332899: The tariff classification of pencil boxes from China

HTS: 3926.10.0000, 5.3%, “Office or school supplies of plastic."

Item: A plastic pencil box made from 100% Polypropylene molded plastic and measures 8.5” x 5.9” x 2.4”. It features a hinged lid that secures closed. The retail sticker affixed to the lid identifies the box as a “pencil/storage box.”

Reason: N/A

Ruling Date: May 25, 2023

N332956: The tariff classification and status under the United States-Colombia Trade Promotion Agreement (CTPA), of women’s swimwear from Columbia

HTS: 6112.41.0010, 24.9%, "Track suits, ski-suits and swimwear, knitted or crocheted: women’s or girls’ swimwear: of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread: women’s."

CTPA Eligibility: Eligibile

Items: Two one-piece women’s swimsuits. One is constructed from 69% nylon and 31% spandex. The other is constructed from 82% nylon and 18% spandex. The swimsuits feature a v-neckline, two-inch shoulder straps leading to a mid-scoop back and elasticized leg openings.

Reason: The sewing thread is formed and finished in the U.S.

Ruling Date: May 25, 2023