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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N335655: The tariff classification of three ceramic figurines from China
| HTS: 9505.10.2500, free, "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Items: Three decorative terracotta ceramic figurines depicting a squirrel skiing, an owl skiing, and a snowman dressed in a stocking cap and scarf, holding a large wreath made of holly leaves and berries. The items will be marketed and sold exclusively during the Christmas holiday in a Christmas catalog. |
| Reason: N/A |
| Ruling Date: Oct. 6, 2023 |
N335213: The country of origin of pressure sensors
| Country of Origin: Thailand |
| Item: (1) An Industrial Pressure Sensor imported with and without a cable, (2) a Transportation Engine Air Pressure Sensor, and (3) a Transportation Cabin Air Pressure Sensor. The industrial and transportation pressure sensors are components used to monitor, for example, refrigerant pressure in commercial, residential and automotive air conditioning systems. The connectors on the engine and cabin sensors are color coded to differentiate engine air from cabin air applications. All three pressure sensors are comprised of a silicon micro-electromechanical system piezoresistive transducer, mounted in a protective housing, with electronics designed to convert the raw pressure transducer signal into an analog or digital output. |
| Reason: The printed circuit board assembly (PCBA) surface mount technology assembly process, which includes the installation of the MEMS and ASIC on a PCB to construct a completed core PCBA, results in a substantial transformation of the components from Thailand, Taiwan and the United States. While the MEMS provides the pressure sensing ability, it is only after the MEMS is added with the PCB and ASIC chip that it has the ability to measure. |
| Ruling Date: Oct. 5, 2023 |
N335422: The classification and country of origin of a pin and sleeve assembly
| HTS: 8483.90.5090, 9903.88.03, 2.5% + 25%, "Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screw; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: Toothed wheels, chain sprockets and other transmission elements presented separately; parts: Parts of gearing, gear boxes and other speed changers: Other." |
| Country of Origin: China |
| Item: A matched set of tubes. In use, a pin is inserted into a sleeve, and together, the pin and sleeve push against the track lugs located on the inside track of a machine, such as a shovel loader. Like a drive sprocket tooth, the pin and sleeve assembly transfers the rotational movement of the drive motor to the track of the machine. The pin and sleeve tubes will be imported together in the same quantities. |
| Reason: The manufacturing operations that occur in Vietnam do not result in a substantial transformation. |
| Ruling Date: Oct. 5, 2023 |
N335493: The tariff classification of lithium-ion battery assemblies from China
| HTS: 8507.60.0020; 9903.88.15, 3.4% + 7.5%, “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Lithium-ion batteries: Other.” |
| Items: (1) A rechargeable Ternary-Lithium Battery System that will be used to power an electric road tractor. The main components include 204 lithium-ion battery cells, a power relay assembly, a battery management unit, and a cell management unit. The cell management unit collects battery cell data, including voltage, current, and temperature data. The battery management unit is responsible for monitoring the state of charge of the battery packs and communicating diagnostic information. (2) A rechargeable Lithium Iron Phosphate Battery System used to power an electric road tractor. The system is encased in a housing designed to be installed under a vehicle’s chassis. The main components include 238 lithium-ion battery cells, a power relay assembly, a battery management unit, and a cell management unit. The cell management unit collects battery cell data, including voltage, current, and temperature data. The battery management unit monitors the state of charge of the battery packs and communicates diagnostic information. |
| Reason: N/A |
| Ruling Date: Oct. 5, 2023 |
N335526: The tariff classification of a battery energy storage system from China
| HTS: 8507.60.0020, 9903.88.15, 3.4% + 7.5%, “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Lithium-ion batteries: Other.” |
| Item: A Battery Energy Storage System The main components in each container will include rechargeable lithium iron phosphate battery modules, circuit breakers, sensors, electrical protection devices, communications equipment, a battery management system, a power conversion system, and more. The system both stores and releases electricity when needed, and can be used in multiple applications, such as reducing the strain on an electrical grid by injecting or absorbing power. |
| Reason: N/A |
| Ruling Date: Oct. 5, 2023 |
N335598: The tariff classification of biodegradable polylactic acid (PLA) utensils from China
| HTS: 3924.10.4000, 3.4%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” |
| Item: Plastic cutlery. The white plastic eating utensils consist of a fork, spoon, and knife. All of the plastic utensils are composed of polylactic acid plastic. PLA is a saturated polyester derived from cornstarch, sugarcane, or cassava, which is biodegradable and compostable. There are 360 pieces of plastic utensils packaged together for retail sale, containing 120 forks, 120 spoons, and 120 knives. |
| Reason: N/A |
| Ruling Date: Oct. 5, 2023 |
N335669: The tariff classification of two decorative cast brass metal Riding Bells from China
| HTS: 8306.10.0000, 5.8%, "Bells, gongs and the like, nonelectric, of base metal…bells, gongs and the like, and parts thereof." |
| Items: Two cast brass metal bells. Both have a design on their sound bow. One item has a hexagonal nut shape and the other has a braid design. Motorcycle bells, also referred to as Gremlin Bells, Guardian Bells, Spirit Bells, Biker Bells or Angel bells, are believed to be a kind of “good luck charm” for motorcycle riders and are often given as a token of good wishes while riding. When a decorative metal bell is attached below, or onto, a motorcycle, it is said to protect riders during their travels. |
| Reason: N/A |
| Ruling Date: Oct. 5, 2023 |
N335715: The tariff classification of plastic drinking glasses from China
| HTS: 3924.10.4000, 3.4%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” |
| Items: Flute plastic champagne glasses with a short stem with a round, flat bottom base. The plastic champagne glasses have a clear design with gold glitter. There are 50 pieces of plastic champagne glasses packaged together for retail sale. |
| Reason: N/A |
| Ruling Date: Oct. 5, 2023 |
N335251: The tariff classification of an anti-sticking agent from Germany
| HTS: 2106.90.9998, 6.4%, "Food preparations not elsewhere specified or included ... other ... other ... other." |
| Item: An oil and wax dispersion for gummies composed of vegetable oil, carnuba wax, tocopherol-rich extract and citric acid. The product is described as an odorless whitish to yellowish liquid dispersion that functions as an anti-sticking agent for confectionary production. The product will be packaged in 10, 12.5 and up to 100 kilogram HDPE drums and/or 1000 kilogram totes for sale to customers. |
| Reason: N/A |
| Ruling Date: Oct. 4, 2023 |
N335253: The tariff classification of an anti-sticking agent from Germany
| HTS: 2106.90.9998, 6.4%, "Food preparations not elsewhere specified or included ... other ... other ... other." |
| Item: An oil and wax dispersion composed of ethanol, water, modified cellulose, starch, ethyl acetate and vegetable oil. The product is described as a whitish liquid dispersion with an ethanolic odor that functions as an anti-sticking agent for gums and jellies. The product will be packaged in 10, 12.5, 100 and 180 kilogram HDPE drums for sale to customers. |
| Reason: N/A |
| Ruling Date: Oct. 4, 2023 |