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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N336571: The tariff classification of a temperature probe steam wand from Switzerland
| HTS: 9025.19.8085, free, “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Thermometers and pyrometers, not combined with other instruments: Other: Other: Other: Other.” |
| Item: A temperature probe steam wand which is a Negative Temperature Coefficient (NTC) sensor designed for use in the Mastrena Espresso Machine. According to the manufacturer, this item acts as a thermometer that is later combined with automatic regulating devices. The device incorporates a contact temperature sensor in the steam pipe that reacts to minute temperature changes. As the sensor detects a drop in temperature the resistance increases, while an increase in temperature results in a decrease of resistance. The resistance can be converted to represent a temperature reading by the thermometer providing a variable output. Temperature data received by the sensor is routed to the Central Processing Unit (CPU) for processing to calculate the liquid’s temperature. The user is then able to access the read-out of the temperature on the display. The item is primarily made of stainless steel with the outer housing of the probe made of plastic. |
| Reason: Classification under heading 8533 is precluded because the assembly concerned is used as a thermometer, primarily to execute a measurement function. Section XVI Note 1(m) excludes articles of chapter 90, as such, classification within heading 8533 is inapplicable. Additionally, like the item described in ruling N247115 (dated November 21, 2013), the temperature probe steam wand sends back an electrical current which is very closely proportional to the temperature. |
| Ruling Date: Dec. 6, 2023 |
N336438: The tariff classification of rock-climbing footwear from China
| HTS: 6402.99.3165, 6%, “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other.” |
| Item: A unisex, slip-on shoe designed for rock climbing. It has a closed toe and a closed heel and does not cover the ankle. According to the laboratory report, the external surface of the upper (esau) is composed of over 96.3 percent rubber/plastics. The balance is made up of textile material. Rubber/plastic band components are positioned at the toe, lower quarter, and at the heel. They are lasted under and securely affixed to the sole and are considered part of the external surface upper material. The textile portion of the esau includes edging at the top line and a heel strap. The footwear has an outer sole of rubber or plastics and does not have a foxing band, or a foxing-like band. |
| Reason: This style is not considered sports footwear as defined in Subheading Note 1 to Chapter 64. |
| Ruling Date: Dec. 6, 2023 |
N336437: The tariff classification of footwear from China
| HTS: 6402.99.3165, 6%, “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other.” |
| Item: The style named “Rubicon” is a closed toe/close heel rock climbing shoe. It does not cover the ankle. The external surface of the upper is composed of over 90 percent rubber and/or plastics including accessories and reinforcements. Two straps with hook and loop closures cross the top of the foot. In accordance with the laboratory report, the upper features rubber/plastic “rand” components positioned at the toes, lower quarter, and at the heel. They are lasted under and securely affixed to the sole and are considered part of the external surface upper material. The shoe does not incorporate a foxing or a foxing-like band, or a metal toe cap. The outer sole comprises rubber or plastics materials. |
| Reason: N/A |
| Ruling Date: Dec. 6, 2023 |
N336811: The tariff classification of a sound recording and reproducing apparatus from China
| HTS: 8519.81.4150, free, “Sound recording or reproducing apparatus: Other apparatus: Using magnetic, optical or semiconductor media: Other: Other.” |
| Item: The Plant Petz “Hi Planty!,” which is an electronic greeting device that is designed to be inserted into a potted plant. It consists of a stainless-steel probe with semiconductor media that can record and reproduce sound. Moreover, this sound recording and reproducing device creates a capacitive field around the plant and contains a microphone, a speaker, and a holding provision for a greeting card. Once inserted into the soil of a plant, this device makes the plant respond to human touch with a recorded sound message. |
| Reason: This greeting device is considered to be a composite good for tariff classification purposes with the sound recording and reproducing apparatus imparting the essential character. |
| Ruling Date: Dec. 7, 2023 |
N336698: The tariff classification of smart binoculars from Austria
| HTS: 9005.10.0040, free, “Binoculars, monoculars, other optical telescopes, and mountings therefor; other astronomical instruments and mountings therefor, but not including instruments for radio-astronomy; parts and accessories thereof: Binoculars: Other prism binoculars.” |
| Item: The AX Visio smart binoculars. The subject devices take the form and shape of a standard pair of binoculars complete with two eyepieces, internal prisms for magnification, and various focal and refractive adjustments. In addition, the smart binoculars incorporate a mode selection wheel as well as various buttons on the top allowing the user to select various available functions. These include the ability to take a photograph or video of the viewing subject, which can be stored locally or transmitted to the user’s smart device. The binoculars also incorporate bird and mammal identification software that will show the user the species of animal being viewed. |
| Reason: These devices will be primarily used as binoculars and the additional functions are subsidiary to this use. |
| Ruling Date: Dec. 7, 2023 |
N336564: The tariff classification of a plastic breathing device from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other.” |
| Items: The “Bobi,” which is short for “breathe out, breathe in.” It is a hand-held device used to teach optimal breathing habits through tactile stimulation. The “Bobi” consists of a small oval-shaped body, or bulb, that is tapered on both ends and can fit in the palm of a hand, with a strap that wraps around the back of the hand. A user is meant to synchronize their breath with the expansion and contraction of the device. It includes three settings to aid in the pacing of the rate of breathing in seconds per inhalation, starting with shorter breaths and working up to longer breaths, which leads to fewer breaths per minute. With each breath the user will experience the strap lightly compress on the back of the hand, which is intended to create a calming effect. While the device is constructed from multiple components, it is made predominately of plastic, including the bulb which is made of polyvinyl chloride (PVC) plastic. |
| Reason: The plastic components of this breathing aid would impart the essential character, and thus it would be classified within heading 3926. |
| Ruling Date: Dec. 7, 2023 |
N336527: The country of origin of medical instrument covers from Cambodia
| Country of Origin: Cambodia |
| Item: The first product is described as a “C-Arm drape,” item number 07-CA104STF. It measures 42 inches in width by 72 inches in length. This item will serve as a cover for a C-arm medical instrument. The second and third products are both described as a “PE probe cover,” item numbers 20-P3D548ST and 20-P3D648ST, respectively. Item 20-P3D548ST measures 5 inches in width by 48 inches in length and 20-P3D648ST measures 6 inches in width by 48 inches in length. These will serve as covers for optical telescopic medical instruments. |
| Reason: No substantial transformation is required as the covers are manufactured in Cambodia from Cambodian produced plastic film/sheeting, so these covers would be products of Cambodia. |
| Ruling Date: Dec. 7, 2023 |
N336522: The country of origin of a nesting distribution cart
| Country of Origin: Vietnam |
| Item: The article under consideration is a non-powered cart used for manual material handling. The cart has the ability to fold up into a nested configuration when empty. It is designed for transportation between buildings in a distribution network. The cart has latching doors to enclose and secure the contents of the cart during transportation. |
| Reason: The nature of the processing performed in Vietnam is not a simple one. In addition to the final assembly occurring in Vietnam, the frame is manufactured from steel tubes sourced from Vietnam. The complex operations result in the individual parts losing their separate identities to become a new article. |
| Ruling Date: Dec. 7, 2023 |
N332770: The tariff classification of polyester high tenacity yarn from China
| HTS: 5402.20.6000, 7.5%, “Synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: High tenacity yarn of polyesters, whether or not textured: Multiple (folded) or cabled.” |
| Item: According to CBP laboratory analysis, the sample is a white and green multi-ply yarn composed wholly of polyester multifilament fibers with a decitex of 122208.9 and a twist of 18 turns per meter. The yarn is not considered textured or elastomeric. The weight of the sample with support is 15267 grams. |
| Reason: N/A |
| Ruling Date: Dec. 7, 2023 |
N336485: The tariff classification of hand sanitizer from China
| HTS: 3808.94.5080, 9903.88.03, 5% + 25%, “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Disinfectants: Other: Alcohol-based hand sanitizer containing 60 percent or more by weight of ethanol, of a kind described in statistical note 1 to this chapter.” |
| Item: The subject product is a hand sanitizer. It will be imported in a plastic 16 oz bottle with a plastic hand pump for dispensing the product. The hand sanitizer is made from 65% ethanol (CAS # 64-17-5). The remainder of the product comprises water, glycerol, trolamine, and acrylic acid polymers. |
| Reason: In this case, the consumer would be purchasing the sanitizer bottle solely for the sanitizer. The plastic bottle is meant to be discarded (disposable) once the sanitizer is used up. Therefore, it is the sanitizer that imparts the essential character and not the plastic dispenser. |
| Ruling Date: Dec. 7, 2023 |