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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N336642: The tariff classification of stationery sets from China
| HTS: 4817.20.4000, 9903.88.03, free + 25%,“Letter cards, plain postcards and correspondence cards: Other.” |
| Item: The four stationery sets under consideration each consist of blank cards with matching envelopes, packaged together in a clear polypropylene (PP) bag. Item DAD0472 is a set of ten white cards (6.375” x 4.375”) with ten white envelopes. Item DAD0473 is a set of ten cards (5.375” x 4.125”) with ten envelopes, and comes in two versions. The first version includes five yellow cards and five pink cards with ten brown envelopes, while the second version includes ten white cards with ten white envelopes. Item DAD0474 is a set of eight white cards (5.5” x 4.125”) with eight envelopes. The envelopes are white with a decorative brown stripe along one side. Item DAD0475 is a set of ten brown cards (5.75” x 4.125”) with ten brown envelopes. |
| Reason: In this case, the cards confer the essential character of the set. |
| Ruling Date: Dec. 1, 2023 |
N336678: The tariff classification of plush toy, “Bluey,” and a throw blanket from China
| HTS: (1) 6301.40.0010, 8.5%, “Blankets and traveling rugs: Blankets (other than electric blankets) and traveling rugs, of synthetic fibers…Woven.” (2) 9503.00.0073, Free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: (1) The item features a 9” tall plush stuffed puppy recognizable as “Bluey,” a character from an animated preschool television series. (2) The full-figured polyester stuffed animal comes with a “Bluey” motif 40 inches x 50 inches woven polyester blanket. Plastic ties tacked onto each paw of the plush puppy hold the blanket securely between the toy’s arms until the ties are removed by the consumer after purchase. The item is principally designed for the amusement of children ages 3 years and older. |
| Reason: Due to the independent nature of the stuffed animal and the blanket, each will be classified separately. |
| Ruling Date: Dec. 1, 2023 |
N336262: The Country of Origin of Chilled Pasteurized Crabmeat
| Country of Origin: Mexico |
| Item: Whole crab with the scientific name Chionoecets Angulatus. The whole crab will be harvested on Russian-flagged vessels in the Russian Exclusive Economic Zone, butchered to sections, cleaned, cooked, sorted, packed in freezing baskets, brine frozen, glazed, packed in cartons, stored, and transported via a bonded warehouse in South Korea to Mexico. In Mexico, the crabmeat will be removed from the shells, separated by part according to shoulder, tip and joint, treated with pyrophosphate powder, pasteurized, wrapped in a shrinkable sleeve, dipped in hot water for film shrinkage, pre-cooled, checked for labeling, packed in hermetically sealed 8 oz. and 16 oz. pull-top aluminum-lidded plastic containers, and then packed into master cases for shipping to the United States. The crabmeat will be sold to food service distributors or consumers via retail stores. |
| Reason: Since the Chilled Pasteurized Crabmeat changes from another chapter when processed, the requisite tariff shift is met in this case. |
| Ruling Date: Nov. 30, 2023 |
N336286: The tariff classification of Norepinephrine Bitartrate Injection in dosage form, from Sweden
| HTS: 3004.39.0050, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other, containing hormones or other products of heading 2937: Other: Other.” |
| Item: Norepinephrine Bitartrate Injection, imported in 4 mg/4 mL vials, is a precursor of epinephrine that is secreted by the adrenal medulla and is a widespread central and autonomic neurotransmitter. It is indicated to raise blood pressure in adult patients with severe, acute hypotension and as an adjunct treatment during cardiac arrest. In your letter, you stated the country of origin of Norepinephrine Bitartrate Injection is Sweden and exported from India. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2023 |
N336313: The tariff classification of a girl’s costume from China
| HTS: 6204.43.4040, 9903.88.15, 16% + 7.5%, “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 synthetic fibers: Other: Other: Other: Girls’.” |
| Item: A girl’s costume that consists of a dress and a witch hat. The dress is constructed of 100% polyester woven fabric. The well-made dress has styling features, long sleeves, overlock stitched seams, and a hook and loop closure on the back of the neck. The cone-shaped witch hat is constructed of 100 percent polyester woven fabric and features a mesh lining and a large circular brim that measures approximately 9 inches in diameter. You indicate in subsequent correspondence that the dress will be imported in girl’s sizes 4-6X. |
| Reason: In this case, the dress imparts the essential character of the set. |
| Ruling Date: Nov. 30, 2023 |
N336423: The tariff classification of metal carts from China
| HTS: 8716.80.5090, 9903.88.03, 3.2% + 25%, “Trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof: Other vehicles: Other: Other: Other.” |
| Items: The item under consideration is a set consisting of four (4) metal carts with rotating wheels and a metal lever arm, which is separate from the dollies. The carts are used to lift furniture or heavy objects and move them around the house. The set also includes secondary elements, such as plastic lifting blocks, non-slip pads and a pair of gloves for handling. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2023 |
N336427: The tariff classification of vertically mounted metal pegboard accessories from China
| HTS: 8302.50.0000, 9903.88.03, free + 25%, "Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; …: Hat-racks, hat pegs, brackets and similar fixtures, and parts thereof." |
| Item: The SKADIS Accessory Set for Pegboard. The accessories include three hooks, two spring clips, one cup-like container, and one shelf/tray that are packaged in a cardboard box for retail sale. Each item is made of steel. The hooks and spring clips each have one pegboard hanger, and the cup and tray have two pegboard hangers. These hangers allow the user to attach the item vertically to the pegboard. Each of these accessories function to keep small items organized by hanging them all together on a pegboard. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2023 |
N336476: The tariff classification of Norepinephrine Bitartrate Injection in dosage form, from Italy
| HTS: 3004.39.0050, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other, containing hormones or other products of heading 2937: Other: Other.” |
| Item: Norepinephrine Bitartrate Injection, imported in 4 mg/4 mL vials, is a precursor of epinephrine that is secreted by the adrenal medulla and is a widespread central and autonomic neurotransmitter. It is indicated to raise blood pressure in adult patients with severe, acute hypotension and as an adjunct treatment during cardiac arrest. The country of origin of Norepinephrine Bitartrate Injection is Italy and exported from India. |
| Reason: N/A |
| Ruling Date: Nov. 30, 2023 |
N336509: The tariff classification of a Padel Court from Spain
| HTS: 7308.90.9590, free, "Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel: Other: Other: Other: Other: Other." |
| Items: A complete, unassembled padel court. The court will be assembled after importation into the United States and used to play padel, also known as Padel Tennis, which is a racket sport typically played in doubles on an enclosed court. The entire court is comprised of a steel structure, safety glass panels, artificial turf, and lighting. The steel structure, which forms the perimeter of the court, is made to EN 10305-5 standard, includes: mesh modules, pillars, light posts, and net posts. Eighteen glass panels are installed within the steel structure to provide clear visibility of the players. The artificial turf is designed for the padel court and provides an even and safe surface for the players. Lastly, the four LED light sources provide illumination for the padel court. |
| Reason: The essential character of the unassembled padel court is imparted by the steel structure, which is classified in heading 7308. |
| Ruling Date: Nov. 30, 2023 |
N336822: The tariff classification of a suspender-like strap hunting game bag from Vietnam
| HTS: 6307.90.9891, 7%, “Other made up articles, including dress patters: Other: Other: Other: Other: Other.” |
| Items: An “Upland Hunting Strap Vest,” is a suspender-like strap vest with game bag designed to carry a hunter’s field essentials and store game. The suspender-like shoulder and waist straps are composed of 100% nylon woven webbing. The shoulder straps are sewn to the top of the game bag and each of the front two shell pouches. The waist straps are sewn to each side of the game bag, extend to the front waist area of the wearer, and slides through the padded sleeve insert for the two front shell pouches, forming a type of vest. The suspender-like straps that wrap around the wearer’s waist is adjustable and attaches in the front by way of a plastic buckle and fastener. The shoulder straps are also adjustable. Each of the front shell pouches are composed of 100 percent nylon woven, dyed black, fabric. Each pouch measures 6 1/2 inches in length by 7 1/2 inches in width and features two pockets. The back pocket features a zipper closure. |
| Reason: N/A |
| Ruling Date: Dec. 1, 2023 |