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.
N334168: The tariff classification of Ensifentrine (CAS No. 1884461-72-6) in bulk powder form, from Portugal
| HTS: 2933.59.5300, 6.5%, “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Other.” |
| Item: A novel, selective, dual phosphodiesterase inhibitor with bronchodilator and anti-inflammatory effects. It is an investigational drug indicated for the treatment of Chronic Obstructive Pulmonary Disorder. Ensifentrine has completed phase 3 clinical trials and submitted a new drug application to the FDA in June of this year. |
| Reason: Currently, Ensifentrine is not listed in the Pharmaceutical Appendix to the Tariff Schedule. |
| Ruling Date: Aug. 15, 2023 |
N334186: The tariff classification of an electric-powered rickshaw pedicab from China
| HTS: 8711.60.0090, 9903.88.02, free + 25%, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor…: With electric motor for propulsion: Other.” |
| Item: An electric-powered rickshaw pedicab that can be used with or without the electric motor. The primary function for this bike is to take people on tours or short distances. It is equipped with a 500w motor and will be imported with a battery. The pedicab is equipped with front, rear, side, and brake lights, and a horn. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2023 |
N334187: The tariff classification of a Cable Assembly 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: A cable assembly consisting of one black, 6-inch 24 American Wire Gauge wire and two red, 3-inch 24 AWG wires. Each of these wires is insulated with PVC. The black wire is terminated with a DC barrel connector on one end and a 3 position crimp housing terminal at the other. One red wire is attached to the DC barrel connector at one end and a non-insulated female fastener is affixed to the other. The second red wire is connected to the 3 position crimp housing terminal and a non-insulated female fastener is affixed on the other end. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2023 |
N334548: The tariff classification of Temporary Lost Filling and Loose Cap Repair Kit (CVS item 695108 and 572123)
| HTS: 3006.40.0000, free, “Dental cements and other dental fillings; bone reconstruction cements.” |
| Item: The Temporary Lost Filling and Loose Cap Repair Kit consisting of a compound and a plastic applicator that is designed for an individual to temporarily repair a tooth filling or loose crown with the same ingredients that dentists use. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2023 |
N334659: The tariff classification of a polytetrafluoroethylene plug from Japan
| HTS: 3923.50.0000, 5.3%, "Stoppers, lids, caps and other closures, of plastics." |
| Item: A plug composed of polytetrafluorethylene and designed to close the hole in the associated cap. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2023 |
N334432: The tariff classification of lighting fixtures from China
| HTS: 9405.49.0000, 9903.88.03, 3.9% + 25%, “Luminaires and lighting fittings…, and parts thereof not elsewhere specified or included: Other electric luminaires and lighting fittings: Other.” |
| Items: Three models of light fixtures. The fixtures are designed for mounting on posts, decks, paths, floor, railings and fences, or where a smaller but generous beam spread is required. They are ideal for traverse lighting and illuminating patio and deck entry points, pool enclosures, small planter beds, pathways or around hardscape borders. The lights can use both traditional light bulbs/lamps, although LED lamps are recommended. |
| Reason: N/A |
| Ruling Date: Aug. 14, 2023 |
N334465: The tariff classification of a metal decorative lantern from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: A decorative article in the shape of a rectangular lantern with a peaked roof. It is made of iron sheet metal. The inside bottom of the lantern is flat and does not include a way to secure a candle or light source. It can be hung by the metal ring on the top or placed on a flat surface. |
| Reason: N/A |
| Ruling Date: Aug. 14, 2023 |
N334070: The tariff classification of a cotton woven upholstery fabric from China
| HTS: 5212.25.6030, 9903.88.03, free + 25%, "Other woven fabrics of cotton: Weighing more than 200 g/m2: Printed: Other: Other: Sheeting." |
| Item: A printed fabric of plain weave construction. The fabric weighs 330 g/m2 and is composed wholly of staple fibers, of which 70% is cotton and 30% is linen/flax. Additionally, the fabric has 33 warp ends and 31 filling picks per centimeter. The average yarn number for this fabric has been calculated to be 19.39 in the metric system. You indicate that this fabric will be imported in 55-inch widths and will be used for upholstery. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2023 |
N334104: The country of origin marking, status under the United States-Mexico-Canada Trade Agreement and applicability of Section 301 trade remedy for the Vortex Stainless Flex Liner Kit
| Country of Origin: Canada |
| USMCA Eligibility: Eligible for preferential treatment |
| Item: A flex liner kit is intended for use with heating appliances burning solid fuels vented through a masonry chimney. The kit includes a flexible liner, a no leak top plate, an insert connector and a quick cap with no screen. The kit is made of two types of stainless steel from China that include rolls of thin stainless steel used to make flexible tubing and thin sheets used for chimney parts. All of the components in the kit help to perform a single function which is to safely evacuate the smoke from solid fuel combustion in the user stove or fireplace. |
| Reason: The tariff shift requirement is met, and the flex liner kits would be considered originating goods. |
| Ruling Date: Aug. 11, 2023 |
N334276: The country of origin of scissor lifts
| Country of Origin: (1) India; (2), (3) Poland |
| Items: Electrically propelled scissor lifts with a hydraulic lifting platform imported under three scenarios. (1) Both the arm subassembly and chassis subassembly are sourced from India. (2) The arm subassembly is sourced from Poland and the chassis subassembly is sourced from India. (3) The arm subassembly is sourced from India and the chassis subassembly is sourced from Poland. In all three scenarios, the platform assembly is produced in Poland, while the remaining components are sourced from China, Germany, Italy, Vietnam, and the Czech Republic. |
| Reason: The final assembly that occurs in Poland is not particularly complex. The processing is dominated by the three structural subassemblies, which imparts each scissor lift with its essential character. |
| Ruling Date: Aug. 11, 2023 |