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.
N333487: The tariff classification of women’s blouses from Indonesia
| HTS: 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Items: Five styles of women's blouses made of 100% cotton jersey knit fabric. The loose-fitting garments extend from the shoulders to just above the hip and feature crew necklines, short, hemmed sleeves, woven fabric labels on the bottom left front panels, and straight, hemmed bottoms. |
| Reason: N/A |
| Ruling Date: June 28, 2023 |
N333208: The tariff classification of garlic from China
| HTS: 2005.99.9700; 9903.88.03, 11.2% + 25%, "other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…other vegetables and mixtures of vegetables... other…other." |
| Items: Minced or chopped garlic in a solution of water, citric acid, and potassium sorbate and chopped/minced garlic in a solution of water and citric acid. Both products will be imported for retail sale in glass jars weighing 4.5 ounces, 8 ounces and 32 ounces. |
| Reason: N/A |
| Ruling Date: June 27, 2023 |
N333220: The tariff classification of footwear China
| HTS: (1) 6403.99.9031, 9903.88.15, 10% + 7.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear: other: other: other: other: for other persons: valued over $2.50/pair: other: tennis shoes, basketball shoes, and the like, for women: other." |
| (2) 6404.11.9050, 9903.88.15, 20% + 7.5%, "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." |
| Items: Unisex, closed toe/closed heel, below-the-ankle, athletic shoes. Both styles possess a cord and toggle lacing system, rubber or plastics Michelin Wild Gripper outsoles that have small round lugs for traction, foxing-like bands, and F.O.B. values over $12 per pair. Suede leather occupies most of the external surface area of the upper of (1) Summit Fat Tire Delta. It will be retail packaged with an optional removable gaiter made from textile covered neoprene that covers the ankle and part of the upper of the footwear. It is secured to the footwear by a slide fastener near the topline. Textile is the constituent material of the upper of (2) Summit Fat Tire Cuff. This style is packaged with a removable cuff that is secured in front of the ankle with a hook and loop closure and is secured to the footwear via a slide fastener near the topline. |
| Reason: N/A |
| Ruling Date: June 27, 2023 |
N333353: The tariff classification of onesies from China
| HTS: 6111.90.5070; 9903.88.15, 14.9% + 7.5%, “Babies’ garments and clothing accessories, knitted or crocheted: Of artificial fibers: Other: Other: Other." |
| Item: A 2-piece set of onesies constructed from 95% rayon and 5% spandex knit fabric. The set includes two bodysuits; one features short cap sleeves, lap shoulders with round necklines and rib knit capping and a snap crotch with three metal closures. The second one features long sleeves with hemmed cuffs, lap shoulders with round necklines and rib knit capping and a snap crotch with three metal closures. |
| Reason: N/A |
| Ruling Date: June 27, 2023 |
N333558: The tariff classification of ELOCTATE® [Antihemophilic factor (recombinant), Fc fusion protein] in dosage form, from the United States
| HTS: 3002.12.0090, free, “Antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes: Antisera and other blood fractions: Other.” |
| Item: A recombinant DNA derived, antihemophilic factor indicated in adults and children with Hemophilia A for the on-demand treatment and control of bleeding episodes; perioperative management of bleeding; and routine prophylaxis to reduce the frequency of bleeding episodes. Eloctate is a sterile, non-pyrogenic, white to off-white lyophilized powder for reconstitution for intravenous injection. |
| Reason: N/A |
| Ruling Date: June 27, 2023 |
N333180: The tariff classification and country of origin of artichokes
| Country of Origin: Egypt |
| HTS: 2005.99.8000, 14.9%, "Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . . . other vegetables and mixtures of vegetables . . . other . . . artichokes." |
| Item: Artichokes grown, harvested, and processed into individually quick frozen artichoke hearts quartered in Egypt. The IQF quartered artichoke hearts are imported into Spain for further processing. In Spain, the quartered artichoke hearts will be processed in a solution of water, salt and citric acid from China subsequent to being canned, sealed, pasteurized, cooled, palletized and imported into the U.S. in 3 kg. cans for sale to foodservice customers. |
| Reason: The processing would not effect a substantial transformation as a result of the processing in Spain. The quartered artichoke hearts will remain a product of the country where they were grown and harvested. |
| Ruling Date: June 23, 2023 |
N333477: The tariff classification of plastic rake hands from China
| HTS: 3924.90.5650; 9903.88.15, 3.4% + 7.5%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other…Other.” |
| Items: Two sets of rake hands, and each set will be made of different materials. The first set is green in color and made of 100% polypropylene. The second set is green in color and made mostly of polypropylene with a 5-10% glass filler. The glass filler will give the rakes additional rigidity. |
| Reason: N/A |
| Ruling Date: June 26, 2023 |
N333547: The tariff classification of decorative wooden shapes for crafting from China
| HTS: 4420.19.0000, 3.2%, "Statuettes and other ornaments, of wood, other than tropical wood." |
| Items: Various decorative wooden shapes made of plywood or unpainted birchwood. Although the purchaser may choose to use the cut-outs in a crafting project, they are also decorative items in their imported condition. |
| Reason: N/A |
| Ruling Date: June 26, 2023 |
N333117: The tariff classification of garments from Sri Lanka and China
| HTS: (1), (4) 6212.10.9020, 16.9%, "Brassieres…whether or not knitted or crocheted: Brassieres: Other: Other: Of man-made fibers." |
| (2) 6114.30.1020, 28.2%, "Other garments, knitted or crocheted, of man-made fibers: Tops, Women’s or girls’." |
| (3) 6114.30.1020, 9903.88.15, 28.2% + 7.5%, "Other garments, knitted or crocheted, of man-made fibers: Tops, Women’s or girls’." |
| Items: (1) A sports bra constructed of 66% polyester, 34% spandex knit fabric. The bra has an inner layer and features a scoop front neckline, a racerback, approximately 1 ½ inch shoulder straps with covered elastic trim. (2) A women’s crop top constructed of 66% polyester, 34% spandex knit fabric. The sleeveless tight-fitting top does not reach the waist and features a scoop front neckline, an oval shaped front slit, a racerback, 1½ inch shoulder straps and an elasticized banded bottom. (3) A women’s form fitting top constructed from 66% polyester, 34% spandex knit fabric. The sleeveless tight-fitting top covers the bust and features scoop front and back neckline, 1 inch shoulder straps and an elasticized banded bottom. (4) sports bra constructed of 66% polyester, 34% spandex knit fabric. The bra features a scoop front neckline, a Y back with a plastic O ring in the center, approximately 1/2 inch adjustable shoulder straps, removable foam cups and an approximately 1 inch covered elastic bottom band. |
| Reason: N/A |
| Ruling Date: June 23, 2023 |
N333205: The country of origin of Estradiol Transdermal Systems, USP
| Country of Origin: The Netherlands |
| Item: A prescription medicine that contains estradiol, an estrogen hormone, as the active ingredient. It is indicated for the treatment of moderate to severe vasomotor symptoms due to menopause. The Estradiol Transdermal System (twice weekly) will be imported in 0.025 mg, 0.0375 mg, 0.05 mg, 0.075 mg and 0.1 mg/day patches, administered as continuous delivery for twice-weekly application. The Estradiol Transdermal System (once weekly) will also be imported in 0.025 mg, 0.0375 mg, 0.05 mg, 0.06 mg, 0.075 mg and 0.1 mg/day patches administered as continuous delivery for once-weekly application. |
| Reason: The active pharmaceutical ingredient, Estradiol, is manufactured in the Netherlands. |
| Ruling Date: June 23, 2023 |