Rulings, remedies and court proceedings for customs and trade professionals

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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N335795: The tariff classification of a woman’s blouse from China

HTS: (1) 6206.40.3035, 9903.88.15, 26.9% + 7.5%, "Women’s or girls’ blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other: Other: Women’s: Other" "Track suits, ski-suits and swimwear: other garments: Other garments, women’s or girls’: Of man-made fibers: Other: Other." (2) 6211.43.1092, 9903.88.15, 16% + 7.5%, "Track suits, ski-suits and swimwear: other garments: Other garments, women’s or girls’: Of man-made fibers: Other: Other."
Item: A woman’s blouse composed of two garments attached at the shoulders by means of snap closures. (1) The outer garment extends from the shoulders to the hip area and features a split V-neckline secured with a button closure and cap sleeves. (2) The inner garment extends from the shoulders to the upper hip area and features a V-shaped front neckline, adjustable spaghetti straps, and a hemmed bottom; the back extends straight across from side seam to side seam, exposing the upper half of the back.
Reason: N/A
Ruling Date: Oct. 18, 2023

N335833: The tariff classification of Gumballs from China

HTS: 1704.10.0000, 9903.88.15, 4% + 7.5%, "Sugar confectionery (including white chocolate), not containing cocoa … chewing gum, whether or not sugar-coated."
Item: Assorted flavors of gumballs. The product is made of sugar, glucose, gum base, glucose syrup, modified starch, soy lecithin, artificial flavors, glycerin, arabic gum, carnauba wax, shellac, and artificial colors.
Reason: N/A
Ruling Date: Oct. 18, 2023

N335916: The country of origin of a Step Drill Bit

Country of Origin: Thailand
Item: A Step Drill Bit, a conical-shaped drill bit with a gradually increasing diameter. The manufacturing process begins in Thailand, where a high-speed steel rod is forged into the cylindrical shank and conical body of the bit. The diameter of the shank is further machined to shape, and several drill steps and the tip are roughly machined into the body. The bit is then exported to China, where it is heat-treated and the shank is ground to exact shape (e.g., round, hex). The steps and tip are further machined to precise measurements. Straight or spiral flutes are ground into the body of the bit to form the cutting edge. Finally, the bit is color coated, laser marked and packaged for retail sale.
Reason: It is the forging of the high-speed steel rod into the cylindrical shank and conical body of the bit in Thailand that substantially transforms the blank rod into a new and different article of commerce, i.e., a Step Drill Bit.
Ruling Date: Oct. 18, 2023

N335457: The tariff classification of a pen and pencil holder from Vietnam

HTS: 3926.10.0000, 5.3%, “Office or school supplies, of plastic."
Item: The “Desk Caddie" is a pen and pencil holder designed to resemble a miniature Titleist golf bag that will be marketed as a desk accessory to golf enthusiasts. The inner core of the cup is made of plastic. The outer portion, made primarily of woven polyurethane textile, is designed with distinguishing detail to be a small-scale model of a golf bag.
Reason: The plastic which forms the majority of the inner cup makes up the functional portion of the pen holder.
Ruling Date: Oct. 17, 2023

N335497: The tariff classification of a video inspection scope from China

HTS: 8525.89.4000; 9903.88.15, free + 7.5%, “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Other: Digital still image video cameras.”
Item: The BK5700 video inspection scope. It is comprised of a forward and a side view camera with a 4.3-inch LCD touchscreen. The camera captures photographs and videos and records them on a 32GB SD card that is inserted into the BK5700. The primary functions of the camera are to view hard to reach interior structures and to capture and save still images and videos.
Reason: N/A
Ruling Date: Oct. 17, 2023

N335549: The tariff classification of nickel alloy pipes from Germany

HTS: 7305.31.6090; 9903.80.01, free + 25% + 10%, "Other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel: other, welded, longitudinally welded: other: of alloy steel, other
Items: 36% Nickel Alloy (Invar®) pipes for use in pipe-in-pipe (PIP) assemblies in a liquefied natural gas (LNG) facility. According to your submission, these cold-rolled, pickled, longitudinally welded pipes will be imported in four sizes: 28.063” (712.8 mm) outside diameter (OD) with a .346” (8.7 mm) wall thickness (WT), 34.063” (865.2 mm) OD with a .386” (9.8 mm) WT; 40.076” (1017.9 mm) OD with a .720” (18.2 mm) WT; and 40.076” (1017.9 mm) OD with a .551” (13.9 mm) WT.
Reason: N/A
Ruling Date: Oct. 17, 2023

N335575: The tariff classification and country of origin of replacement water filters

HTS: 8421.21.0000, free, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: For filtering or purifying water.”
Country of Origin: South Korea
Items: Replacement water filters. The lead-free replacement refrigerator filters are designed to reduce chlorine, contaminants, and odor for better tasting water. The filters are pressed into a designated slot of the water filtration system of a refrigerator, and purified water is then dispensed through the door of the refrigerator. The filters are assembled in China using components manufactured in South Korea and China. The filter element is composed of a Chinese O-ring, upper cover, middle cover, bottom cover, sump, transparent protective film, and a South Korean carbon block. The carbon block removes contaminants from water through a process called adsorption.
Reason: It is the carbon block from South Korea which requires considerable technical experience and customized equipment to produce. It is also the most expensive portion of the filters and is the item performing the filtering of the water.
Ruling Date: Oct. 17, 2023

N335797: The tariff classification of a woman’s dress from India

HTS: 6204.42.3050, 8.4%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of cotton: Other: Other: Other: Other: Women’s.”
Item: A woman’s dress composed of two garments attached at the shoulders by means of snap closures; the garments can be separated without damage to either garment. Both garments are constructed from 100% cotton woven fabric. The outer garment extends from the shoulders to below the mid-thigh area and features a split V-neckline, short sleeves with elasticized ends, a self-fabric drawstring closure at the waist, and a hemmed bottom. The inner garment extends from the shoulders to the mid-thigh area and features a V-shaped front neckline, adjustable spaghetti straps, and a hemmed bottom.
Reason: N/A
Ruling Date: Oct. 17, 2023

N335820: The tariff classification of continuous cast ductile iron bars from China

HTS: 7215.50.0090, 9903.80.01, 9903.88.15, free + 25% +10% + 7.5%, “Other bars and rods of iron or nonalloy steel: Other, not further worked than cold-formed or cold-finished: Containing by weight more than 0.6 percent of carbon”
Items: Continuous cast ductile iron bars that will be used as glands and pistons in hydraulic and pneumatic cylinders. The bars contain between 3% and 4% carbon.
Reason: N/A
Ruling Date: Oct. 17, 2023

N335393: The tariff classification of metal jewelry organizer from China

HTS: 7326.90.8688, 9903.88.03, 2.9% + 25%, "Other articles of iron or steel, other…other.”
Items: A metal jewelry organizer which includes a tabletop metal rack with a circular shaped mirror, an iron base tray that is attached to an iron framework with hooks and posts to hang or display ear-rings, necklaces, bracelets, and rings. Mounted in the center of the iron framework is a circular shaped glass mirror with a plastic backing.
Reason: N/A
Ruling Date: Oct. 16, 2023