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.
N333044: The tariff classification of four shades of bronzer and a highlighter from Italy
| HTS: 3304.91.0050, free, "Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations: Other: Powders, whether or not compressed: Other." |
| Items: Four shades of bronzer and a highlighter in the format of individual pressed powder compacts. |
| Reason: N/A |
| Ruling Date: June 15, 2023 |
N333053: The country of origin of Midodrine Hydrochloride Tablets, USP
| Country of Origin: Italy |
| Item: Midodrine Hydrochloride, imported in 2.5 mg, 5 mg and 10 mg tablets, is a vasopressor and antihypotensive agent. It is indicated for the treatment of symptomatic orthostatic hypotension (OH). |
| Reason: The mixing of the active ingredient Midodrine Hydrochloride (made in Italy) with the inactive ingredients into the final dosage Midodrine Hydrochloride Tablets in India does not result in a substantial transformation |
| Ruling Date: June 15, 2023 |
N333210: The tariff classification of footwear from Vietnam
| HTS: 6404.11.9050, 20%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12/pair: for women: other." |
| Item: A woman's closed-toe/closed-heel, below-the-ankle, sneaker. The constituent material of the upper is a polyester mesh textile material. The toe cap, heel overlay and eye stay are made of cow suede leather. The lightweight shoe features a separate padded tongue, a lace closure, a cushioned collar, and footbed. The rubber/plastic outer sole provides traction and flexibility. |
| Reason: N/A |
| Ruling Date: June 15, 2023 |
N333213: The tariff classification of the Universal Digital Timer from China
| HTS: 9107.00.8000, 9903.88.03, 45¢ each + 6.4% + 2.5¢/jewel + 25%. "Time switches with clock or watch movement or with synchronous motor: valued over $5 each." |
| Item: An animal feeder kit. The subject timer will replace old and non-working digital feeder timers used with 6-volt and 12-volt feeders. The UDT has a microprocessor inside the timer to count the time. The microprocessor is located on the timer circuit board. Based on the information provided to our office, the timer circuit board is considered to be a clock or watch movement in that the circuit board determines intervals of time. The UDT has the ability to program up to 10 feed times per day, each running from one to sixty seconds in duration. The digital timer is enclosed in a sealed plastic housing to protect it from the elements. The UDT is fully assembled at the time of import and will be imported separately from the animal feeder kit. You stated that after the timer is sold “the customer must attach the timer to the motor on the feeder kit. The timer is attached to a feeder kit to throw the feed out at certain times during a day. The feeder kit is intended to be used on farms, forests, or home use. |
| Reason: N/A |
| Ruling Date: June 15, 2023 |
N333316: Country of origin determination of a plush throw/blanket;19 CFR 102.21(c)(2); tariff shift
| Country of Origin: Vietnam |
| Item: The subject plush throw/blanket is made from a single layer of 100% polyester knit pile fabric. The fabric is dyed and may also be printed. All four edges are hemmed. |
| Reason: In each scenario, the fabric is formed in a single country, as per the terms of the tariff shift requirement. |
| Ruling Date: June 15, 2023 |
N333337: The country of origin of a Hunting Knife and Hunting Axe
| Country of Origin: Vietnam |
| Items: A hunting knife and hunting axe that are made predominantly from steel. The hunting knife is a fixed-blade knife with a cutting blade at the tip and bottom edge, and a saw-type blade on the top edge. The blade and tang are made from a single piece of steel and the knife handle’s coating is made of injection molded material. The hunting axe is made from a single piece of steel except for the handle cover. It consists of a steel blade, heel, toe, cheek, poll, and handle. The cheek has three hexagonally shaped holes, which fit three standard screw, bolt, and nut sizes. The handle is wrapped with a length of versatile paracord. |
| Reason: N/A |
| Ruling Date: June 15, 2023 |
N333362: The tariff classification of plastic outlet covers from China
| HTS: 3925.90.0000, 9903.88.03, 5.3% + 25%, "Builders’ ware of plastics, not elsewhere specified or included: other." |
| Item: White outlet covers for electrical outlets. The covers have openings to surround a dual plug outlet. They are composed of fiberglass reinforced plastic. They will be attached to the wall with the included screw. |
| Reason: N/A |
| Ruling Date: June 15, 2023 |
N333062: The tariff classification of Juice Drinks from the Philippines
| HTS: 2202.10.0075, 0.2¢/liter, “Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit, nut or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, Other, Other.” |
| Items: Ready to drink non-carbonated juice-from-concentrate beverages that are sweetened with stevia extract. The four products, listed below, are put up for retail sale and consumption in eight-ounce tin-coated steel cans. |
| Reason: N/A |
| Ruling Date: June 15, 2023 |
N333008: The tariff classification of footwear from Austria
| HTS: (1) 6402.91.5090, 37.5%, "Other footwear with outer soles and uppers of rubber or plastics: other footwear: covering the ankle: other: other: footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease, or chemicals or cold or inclement weather: other." |
| (2) 6404.19.3020, 12.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: footwear with open toes or open heels; less than 10 percent by weight of rubber or plastics; other: house slippers: other." |
| (3), (4), (5), 6405.20.9015, 12.5%, "Other footwear: With uppers of textile materials: Other: House slippers." |
| Items: (1) A closed-toe/closed-heel, children’s boot that covers the ankle but not the knee. The upper of the boot includes the portion of the molded rubber/plastic “Bean boot”-style bottom covering the top and sides of the foot, and a sewn-on textile and rubber/plastic shaft. The shaft and tongue consist of pieces of plastic-coated textile over foam padding. The interior of the boot is fully padded and lined with thin fleece and decorated with plush textile trim around the topline. A lace is threaded through four pairs of eyelets for secure closure at the front. The constituent material of the external surface area of the upper of the boot is rubber or plastics. The thick outer sole that comes in contact with the ground is made of rubber or plastics. (2) A unisex closed-toe/open-heel, below-the-ankle house slipper. The esau is composed of felt material. The sewn-on outer sole unit consists of felt material with a visible latex coating. Per Chapter 64 Note 3(a), HTSUS, the constituent material of the outer sole in contact with the ground is rubber or plastics. A portion of the insole consisting of foamed rubber/plastics makes up less than 10 percent of the total weight of the shoe. (3) An open-toe/open-heel, below the ankle house slipper. The upper is comprised of two crossed straps made of plush textile material. The foam midsole is covered with plush textile as the footbed. The outer sole measures less than 2 mm thick. It is made of rubber or plastics with embedded textile covering the area touching the ground. (4) A closed-toe/closed-heel, below-the-ankle house slipper. The esau is composed of a textile material in a herringbone design. The slipper possesses thick toe box edging and a cushioned inner sole. It is completely lined in a short pile, plush fabric. The outer sole measures less than 2 mm thick. It is made of rubber or plastics with embedded textile covering the area touching the ground. (5) A closed-toe/closed-heel, below-the-ankle, house slipper. The esau is composed of batting and quilt-stitched textile. The upper and cushioned midsole is lined with short pile plush material. The outer sole measures less than 2 mm thick. It is made of rubber or plastics with embedded textile covering the area touching the ground. |
| Reason: N/A |
| Ruling Date: June 14, 2023 |