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.
N333744: The tariff classification of Olives from Spain
| HTS: 2005.70.9100, 5.5¢/kg on drained weight, "Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen … olives … otherwise prepared or preserved … green, in containers each holding less than 13 kg, drained weight … in an aggregate quantity not to exceed 550 metric tons in any calendar year." |
| (When the total quantity imported in any calendar year exceeds 550 metric tons): 2005.70.9300, 8.8¢/kg on drained weight |
| Items: Whole, green, unpitted olives that have a crisp, firm, and pulpy texture. The olives are preserved in a liquid solution and imported in an ambient condition, packed in 200 ml glass jars. The product is said to be composed of approximately 51% water, 42% olives, 3% salt, 1% sugar, and trace amounts of lemon rind, aromas, mint, yeast extract, citric acid, lactic acid and ascorbic acid. The net drained weight of the olives is 90 grams. |
| Reason: N/A |
| Ruling Date: July 21, 2023 |
N333797: The tariff classification of a portable infrared sauna from China
| HTS: 8516.79.0000, 2.7%, "[e]lectric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof: [o]ther electrothermic appliances: [o]ther.” |
| Item: A portable sauna comprised of an iron frame and a nylon cover that has an aluminum coating and features a zipper. Infrared panels are attached to the interior sides and back. The panels utilize Far Infrared therapy, which emits low electromagnetic radiation thermal waves to warm the body, reaching a maximum room temperature of 140 degrees Fahrenheit or 60 degrees Celsius. The user sets up the frame, pulls the cover over it, attaches the infrared panels, plugs it into a standard electrical outlet and then turns it on with the controller. |
| Reason: N/A |
| Ruling Date: July 21, 2023 |
N333890: The tariff classification of a backpack from Cambodia
| HTS: 4202.92.4500, 20%, "Travel, sports, and similar bags, with outer surface of sheeting of plastic, other." |
| Item: A backpack constructed of 100% polyester with an outer surface polyurethane plastic sheeting material. The article is designed to provide storage, protection, organization, and portability to personal effects during travel. The back of the pack has two straps that allow the user to wear it over the shoulders on the back. It features two top handles. The front has a zippered pocket. |
| Reason: N/A |
| Ruling Date: July 21, 2023 |
N333956: The country of origin of a bolt cutter
| Country of Origin: South Korea |
| Item: A hand-operated tool is typically used for cutting bolts, chains, padlocks, rebar, and wire mesh. It has long handles and short blades, with compound hinges to maximize leverage and cutting force. |
| Reason: The machining and assembly processes performed in China do not constitute a substantial transformation of the cutter blades, handle joints, and tubular handles that were manufactured in South Korea. These articles provide the essential characteristics of the finished bolt cutter, are dedicated for use as such and cannot be used for any other purpose. |
| Ruling Date: July 21, 2023 |
N334051: The tariff classification of a three-ring binder from Vietnam
| HTS: 4820.30.0020, free, “Binders (other than book covers), folders and file covers: Looseleaf binders.” |
| Item: A three-ring binder designed to hold loose-leaf papers. The binder is constructed of a cardboard core covered with plastic sheeting. The front features an additional layer of clear plastic sheeting open on one side to allow a piece of printed paper to be inserted. The interior of the binder features one flat storage pocket. A metal ring mechanism is attached to the inside spine. |
| Reason: N/A |
| Ruling Date: July 21, 2023 |
N333613: The tariff classification of a decorative textile box from Indonesia
| HTS: 6307.90.9891, 7%, “Other made-up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A textile covered storage box with removable lid designed for use in an office. The storage box’s sides are made of 1250 gsm duplex paperboard, covered, and laminated with a 100% polyester woven, dyed black, fabric on the outside and glued to a 150 gsm C1S paper, dyed black, liner. |
| Reason: N/A |
| Ruling Date: July 20, 2023 |
N333681: The tariff classification of an all-electric Class 8 road tractor from China
| HTS: 8701.24.0015; 9902.88.02, 4% + 25%, “Road tractors for semi-trailers: With only electric motor for propulsion: G.V.W. not exceeding 36,287 kg (80,000 pounds).” |
| Item: An all-electric class 8 road tractor imported complete and finished. It will include 3 axles, an electric battery assembly, a coupling device for trailers or semi-trailers, a driving cab, and seats for the crew with a gross vehicle weight of 54,330 pounds (24,643.6 kg). The principal use of the article is to haul trailers using a coupling device. |
| Reason: N/A |
| Ruling Date: July 20, 2023 |
N333707: The tariff classification of a backpack from China
| HTS: 4202.92.3120; 9903.88.03, 17.6% + 25%, "Travel, sports, and similar bags, with outer surface of textile materials, of man-made fibers, backpacks." |
| Item: A backpack constructed with an outer surface of 100% nylon, which is a man-made textile material. The outer surface of the backpack is not coated with plastic sheeting. The article is designed to provide storage, protection, organization, and portability to personal effects during travel. It features a plastic buckle closure at the top. The front has a zippered compartment. |
| Reason: N/A |
| Ruling Date: July 20, 2023 |
N333798: The country of origin of a pear head extendable ratchet tool
| Country of Origin: South Korea |
| Item: A hand tool composed of a long handle/neck with a pear-shaped ratcheting head that is used to tighten fasteners. The tool’s ratcheting head fits onto fasteners via socket attachments of various sizes that are not imported with this product or included with this product when it is sold. |
| Reason: Based on the provided description of the assembly and processing operations performed in China, the ratchet handle is not substantially changed by the addition of the remaining components nor are the assembly operations complex enough so as to transform the ratchet handle into a new article. |
| Ruling Date: July 20, 2023 |
N333800: The tariff classification of pet bed 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 pet bed intended to be used as a comfortable place for a dog and human to sleep. The pet bed consists of a pet bed cover and three removable cushion inserts. The pet bed cover is composed of 100% polyester knitted PV plush, dyed, top fabric and a 100% polyester woven oxford bottom fabric coated with polyvinyl chloride dots which impart anti-skid properties. |
| Reason: N/A |
| Ruling Date: July 20, 2023 |