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:
Sign up for a free preview to unlock the rest of this article
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.
N333155: The tariff classification, country of origin, marking, and applicable trade program of a solid wood baseboard molding
| Country of Origin: Canada |
| HTS: 4418.99.9195, 3.2%, "Builders' joinery and carpentry of wood, including cellular wood panels and assembled flooring panels; shingles and shakes: Other: Other: Other: Other: Other." |
| Item: A coated, solid wood baseboard molding. The molding is constructed of continuously shaped meranti wood. The wood is end-jointed for length, but not edge-glued. The molding is painted, embossed with a wood grain, printed, and coated with a clear acrylic latex copolymer solution. |
| Reason: The Explanatory Notes to heading 4409 specifically exclude “wood which has been surface worked beyond planing or sanding, other than painting, staining or varnishing… .” |
| Ruling Date: June 7, 2023 |
N333212: The tariff classification of an espresso maker from China
| HTS: 7323.93.0045, 2%, “Table, kitchen or other household articles and parts thereof, of iron or steel: Other: Of stainless steel…Cooking and kitchen ware: Other: Cooking ware: Other. |
| Item: A non-electric espresso maker that functions on a stovetop. The item is made of stainless-steel and contains a handle and knob made of nylon plastic. The espresso grinds are placed in the stainless-steel funnel, and water is placed in the bottom chamber. The volume capacity of the espresso maker is nine cups. |
| Reason: N/A |
| Ruling Date: June 7, 2023 |
N332845: The tariff classification of laminated plain woven fabric of polypropylene strip from India
| HTS: 5903.90.3090, 2.7%, “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Other: Other.” |
| Item: A “sleeve fabric” is of plain weave construction formed from polypropylene strip measuring 2.3 millimeters in width and its finished weight is 100 g/m2. The woven tubular fabric is then laminated with a hot polymer film of polypropylene. The laminated fabric will be imported on rolls. The “sleeve fabric” is used for outer packaging of corrugated boxes for shape retention. |
| Reason: N/A |
| Ruling Date: June 6, 2023 |
N332930: The tariff classification and country of origin of multilayer wood panels from Gabon
| HTS: 4412.31.4869, 8%, "Plywood, veneered panels and similar laminated wood: Other plywood consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm in thickness: With at least one outer ply of tropical wood: Not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply: Other: With at least one outer ply of the following tropical woods: Dark Red Meranti, Light Red Meranti, White Lauan, Sipo, Limba, Okoumé, Obeche, Acajou d'Afrique, Sapelli, Virola, Mahogany, Palissandre de Para, Palissandre de Rio or Palissandre de Rose: Other: Other: Not surface covered: Other." |
| Item: Uncoated, multilayer wood panels. The panels measure 1220 millimeters wide by 2440 millimeters long and between 4 millimeters to 30 millimeters in thickness. The face and back plies are constructed of Okoume (a tropical wood) that measures 0.5 millimeters in thickness and the core plies are also constructed of Okoume that each measure 1.6 to 1.7 millimeters. There are nine plies and the grain of each layer runs at a 90-degree angle to the successive layers. |
| Reason: N/A |
| Ruling Date: June 6, 2023 |
N333057: The tariff classification of paper rolls from China
| HTS: 4803.00.4000, 9903.88.03, free + 25%, "Toilet or facial tissue stock, towel or napkin stock and similar paper of a kind used for household or sanitary purposes, cellulose wadding and webs of cellulose fibers, whether or not creped, crinkled, embossed, perforated, surface-colored, surface decorated or printed, in rolls or sheets: Other.” |
| Item: (1) “Exam Table Paper Roll,” made from 100% virgin wood pulp paper. (2) “Exam Table Paper Roll Polybacked” constructed of a 19.5mic layer of paper laminated to a 13mic layer of polyethylene plastic backing. Both are sold in various sized rolls, all measuring between 125’ and 225’ in length and coming in three widths: 18”, 21” and 24”. The surface can be creped or smooth. The paper is designed to be used primarily in hospitals and other clinical settings to be absorbent and lead to less noise, less slipping and greater patient comfort. |
| Reason: N/A |
| Ruling Date: June 6, 2023 |
N333125: The tariff classification of remote installation tools from Italy
| HTS: 8428.90.0390, free, “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery: Other.” |
| Items: (1) A Platform Installation Tool designed to raise, lower, and remotely install an External Platform and Suspended Internal Platform onto a windfarm monopile. The PIT is configured with winches, tugger lines, uplift clamps, extract bumpers, vertical rollers, and more. The PIT does not include any tools that mechanically connect, fasten, or otherwise install the platforms, but is limited to lowering them onto supports.(2) An Anode Cage Installation Tool designed to raise, lower, and remotely install anode cages onto windfarm monopiles. The tool is configured with winches, tugger lines, vertical rollers, an automatic sling release system, a sling regulation system, a skidding system, and more. The ACIT does not include any tools that mechanically connect, fasten, or otherwise install the cage, but is limited to lowering the cage, which stays in place due to the slope of the monopile. |
| Reason: Neither the PIT nor the ACIT is a part of a crane but are merely lifted by a crane while being loaded or unloaded from a vessel or from the monopile. |
| Ruling Date: June 5, 2023 |
N332794: The tariff classification of Ouzo of Plomari Isidoros Arvanitis from Greece
| HTS: 2208.90.7500, free, "Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 percent vol.; spirits, liqueurs and other spirituous beverages: Other: Other: Spirits: Other." |
| Item: Ouzo of Plomari Isidoros Arvanitis. It contains 52.6% anise distillate, 45% water, and 1.9% sugar. The anise distillate is produced by distilling anise and other seeds and spices in the presence of alcohol of agricultural origin and water. Ouzo of Plomari Isidoros Arvanitis is packaged in 750 ml, 200 ml, and 50 ml glass or plastic bottles (depending on size). It has an alcohol by volume content of 40%. |
| Reason: The industry standards of identity for cordials and liqueurs indicate that liqueurs or cordials must contain “sugar, dextrose, or levulose, or a combination thereof, in an amount not less than 2.5 percent by weight of the finished product." CBP has recognized that to be classified as cordials or liqueurs, the imported spirituous products must contain a minimum of 2.5% sugar content. |
| Ruling Date: June 2, 2023 |
N332973: The tariff classification of Rack Safety Straps from China
| HTS: 6307.90.9891; 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A webbed textile strap with a steel bracket on each end. The safety strap consists of a dyed yellow woven strap composed of 100% polyester filament yarns and a dyed black woven strap composed of 70% polyester filament yarns and 30% rubber thread. The left end of the yellow strap is threaded through a slotted nickel-plated steel stamped bent bracket. The item is designed to attach to a teardrop, slotted warehouse pallet rack system to prevent cartons from pushing through into the flue space or falling into the work area. |
| Reason: N/A |
| Ruling Date: June 2, 2023 |
N332974: The tariff classification of a textile strap from China
| HTS: 6307.90.9891; 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A textile strap with a nylon connector on each end. It consists of two dyed black woven elastic straps composed of 70% polyester filament yarns and 30% rubber thread assembled to a dyed black woven webbed strap composed of 100% polypropylene filament yarns. The elastic straps are sewn to each end of the webbed strap. The end of each elastic strap is threaded through a slotted nylon connector. Each elastic strap is folded over, and the two layers are sewn together to secure the connectors. The item is designed to attach to an upright pallet rack to prevent cartons from falling into the work area. |
| Reason: N/A |
| Ruling Date: June 2, 2023 |
N332735: The tariff classification of a chemical mixture from Canada
| HTS: 3824.99.9397, 5%, "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: Other: Other: Other: Other: Other: Other: Other. " |
| Item: The subject merchandise 0.1 M Triethylammonium Acetate/ 11.25% v/v Acetonitrile is a mixture of the following: Triethylammonium acetate (CAS # 5204-74-0), Acetonitrile (CAS # 75-05-8), and water. The product is a clear colorless liquid that will be used in cell and gene therapy process for purification. |
| Reason: N/A |
| Ruling Date: June 1, 2023 |