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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N336943: The country of origin marking of a plastic bottle clip from China
| Ruling: (1) Marking the box with “Made in China” is acceptable for the importation of these clips and would satisfy 19 USC 1304(3)(D) as the container will reasonably indicate the origin of these articles to the importer. If these clips will be sold on their own, they will need to also be marked. (2) The included paper insert should also indicate the clips are products of China. If the clips are sold only with bottles, and the inserts appropriately indicate they are made in China, then we believe the clips would not need to be individually marked as the inserts would indicate their origin to the ultimate purchaser. |
| Issue: (1) Whether the clips need to be individually marked as made in China, or if they are properly excepted from individual marking under 19 USC Section 1304(3)(D). (2) Whether the finished bottle assembly should feature additional marking to indicate it has a China-origin component. |
| Item: A polypropylene plastic bottle clip manufactured in China and imported into the United States loosely packed with 3,000 pieces in a cardboard box. The box will be marked with the country of origin being China. After importation into the United States, the clip will be attached to the neck of a clear drinking bottle with a plastic lid. The clip is intended to aid in carrying the bottle. The bottle and lid are made in the United States. The assembler snaps the clip on the bottle, adds a paper insert and affixes the plastic lid. The manufacturer marks the bottle and insert, “Made in USA.” The country-of-origin marking is molded into the bottom of the bottle and printed on the insert. The drinking bottle assembly is then bagged and shipped 24 pieces per box to customers in the United States and Canada. |
| Reason: (1) 19 CFR 134.44, generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. |
| Ruling Date: Dec. 21, 2023 |
N336873: The tariff classification of Dimethyl Sulfoxide (CAS No. 67-68-5), imported in bulk, from Japan
| HTS: 2930.90.9250, free, “Organo-sulfur compounds: Other: Other: Other: Other: Other: Other: Other”. |
| Item: Dimethyl Sulfoxide (DMSO) is an organosulfur compound with the formula (CH3)2SO, it is also known as Methyl Sulfoxide. The product is used for the formulation of a nitrogen stabilizer. |
| Reason: N/A |
| Ruling Date: Dec. 21, 2023 |
N336854: The tariff classification of five upper body garments from various countries
| HTS: (1) 6106.10.0030, 19.7%, "Women’s or girl’s blouses and shirts, knitted or crocheted: Of cotton: Girls’: Other." (2) 6106.20.2010, 32%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of man-made fibers: Other: Women’s." (3), (4), (5) 6110.20.2079, 16.5%, "Sweaters, pullovers, sweatshirts, waistcoats (vests), and similar articles: Of cotton: Other: Other: Other: Other: Women’s: Other." |
| Item: (1) A girl’s upper body garment. The loose-fitting sweatshirt-style garment features a ribbed crew neckline, long sleeves with rib-knit cuffs and a non-tightening rib-knit bottom. (2) A women’s blouse. The loose-fitting garment extends from the shoulders to below the waist and features a V-neckline, short, hemmed sleeves, and a hemmed bottom. (3) A women’s oversized cardigan style garment. The outer surface of the garment’s fabric measures more than nine stitches per two centimeters in the direction the stitches were formed. The cardigan features a self-fabric hood with a drawstring closure, a full front opening with a zipper closure, long sleeves with rib-knit cuffs, pockets below the waist, and a rib-knit bottom that reaches to below the waist. (4) A women’s oversized cardigan style garment. The outer surface of the garment’s fabric measures more than nine stitches per two centimeters in the direction the stitches were formed. The cardigan features a self-fabric hood with a drawstring closure, a full front opening with a zipper closure, long sleeves with rib-knit cuffs, pockets below the waist, and a rib-knit bottom that reaches to below the waist. (5) A women’s cardigan style garment. The cardigan features a self-fabric hood with a drawstring closure, a full front opening with a zipper closure, long sleeves with rib-knit cuffs, pockets below the waist, and a rib-knit bottom that reaches the waist all the way around. |
| Reason: N/A |
| Ruling Date: Dec. 22, 2023 |
N335529: The tariff classification of olives from Greece
| HTS: (1), (2), (3), )4), (5) 2005.70.9700, 8.8 cents per kilogram, "other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006...olives...otherwise prepared or preserved...other. " |
| Item: (1) “71778 Roland Pit. Kalamata Olives,” contains 61% Kalamata pitted olives, 33% water, 3% sea salt, 2.5% vinegar and 0.3% extra virgin olive oil. Laboratory analysis found this sample contained 0.23% acetic acid on an as-is basis. (2) ”71754 Roland Kalamata Olive Wedges,” contains 81% Kalamata olives, 17% water, 1.5% salt, and 0.1% acetic acid (acidity regulator). Laboratory analysis found this sample contained 0.16% acetic acid on an as-is basis. (3) “71736 Roland Sliced Kalamata Olives,” contains 6% Kalamata pitted olives, 32% water, 7% sea salt, 0.2% vinegar, and 0.1% extra virgin olive oil. Laboratory analysis found this sample contained 0.16% acetic acid on an as-is basis. (4) “71734 Roland Kalamata Halves "barchetta," contains 61% Kalamata olives, 33% water, 3% salt, 2.5% vinegar, and 0.3% extra virgin olive oil. Laboratory analysis found this sample contained 0.29% acetic acid on an as-is basis. (5) “71716 Roland Pitted Baby Kalamata Olives,” contains 61% Kalamata pitted olives, 32% water, 7% sea salt, 0.2% acetic acid, and 0.1% extra virgin olive oil and sunflower oil. Laboratory analysis found this sample contained 0.23% acetic acid on an as-is basis. |
| Reason: N/A |
| Ruling Date: Dec. 26, 2023 |
N336987: The tariff classification of stalls and feeders from China
| HTS: (1), (2) 7308.90.9590, 9903.88.02, free + 25%, "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." (3) 7616.99.5190, 9903.88.03, 2.5% + 25%, "other articles of aluminum, other…other." |
| Item: (1), (2) A horse stall front and side. HS1 Stall Front and HS2 Stall Side are made of 50 mm thick, galvanized steel frames with sections of wooden bamboo infill. The stall front and stall side form complete horse stalls for use in horse barns. (3) A horse stall swivel feeder. The HS3 Stall Swivel Feeders, are aluminum attachments that attach to the front of the HS1 Stall Fronts. The horse barn operator fills the horse feeders with feed and unlocks the latch to allow the HS3 Stall Swivel Feeder to rotate into the stall with the horse so the horse can eat. When the feeder is empty, the horse barn operator can rotate the feeder back outside the stall and lock it in place. |
| Reason: N/A |
| Ruling Date: Dec. 27, 2023 |
N336938: The country of origin of a double flanged wheel hub assembly.
| Country of Origin: Thailand |
| Items: The Double Flanged Wheel Hub Assembly with Ball Bearings with Splining and ABS Components (wheel hub assembly or unit). It is used in passenger vehicles. The inner and outer flanges originate from Thailand, while the inner ring, ball bearing, seal ring, cage, gear ring, ABS speed sensor, combined sealing ring, grease, and packaging are of Chinese origin and imported to Thailand for further processing. In Thailand, the Thai components and the Chinese inner ring undergo turning, grinding, and heat treatment. The rest of the Chinese components are assembled together with the inner and outer flanges and the inner ring without further processing. |
| Reason: Generally, the main function of the wheel hub assembly is to mount the wheel onto the axle and provide anti-friction. The character of the unit is the combination of the flanges and the inner race. The Chinese inner ring is substantially transformed in Thailand. |
| Ruling Date: Dec. 27, 2023 |
N337047: The tariff classification of outdoor deck panels from China
| HTS: 4421.91.9880, 9903.88.03, 3.3% + 25%, “Other articles of wood: Other (of bamboo): Other: Other: Other.” |
| Item: A panel or “tile” to be used as outdoor decking. It is constructed of five planks of stranded bamboo laid side by side with a small gap between each. Three brace boards of the same stranded bamboo are spaced beneath the top planks running perpendicular and held in place with 36 stainless steel fastening screws. |
| Reason: N/A |
| Ruling Date: Dec. 28, 2023 |
N337030: The tariff classification of an electroblotting system from China
| HTS: 8543.70.9860, 9903.88.02, 2.6% + 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” |
| Item: The eBlot L1 Protein Transfer System, an electroblotting system. It is a desktop module that incorporates two electrical transfer cassettes, an LCD display, and a control keypad. The system contains multiple inlets and outlets for the introduction and circulation of the fluids necessary for the transfer of the proteins. The device is powered by an incorporated electrical power cord. |
| Reason: The device is not considered an electromechanical device or appliance of the kind within the suggested heading. The unit is a machine whose intended function is achieved by the application of electricity and any mechanical features are considered secondary to the electrical function. Accordingly, classification under subheading 8479.89.6500 is not appropriate in this case. |
| Ruling Date: Dec. 28, 2023 |
N337041: The tariff classification of a textile storage bin from China
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, Other made-up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A textile storage bin designed and intended to store children’s items in the home. The front of the bin features an embroidered face of the character Bluey. |
| Reason: The essential character of the storage bin is a made-up textile component. |
| Ruling Date: Dec. 29, 2023 |
N336902: The classification and country of origin of a wall mounted wine rack kit
| HTS: 8302.50.0000, free, “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 Standard 3 Foot Rectangular VINdustry Peg and Panel kit. It consists of an MDF back panel with predrilled holes for mounting to a wall, an acrylic face panel that mounts on top of the MDF panel, aluminum pegs that screw into the panel and small hardware pieces that affix the pegs to the panel. It comes in three different peg options, Single Deep Pegs, Double Deep Pegs and Triple Deep Pegs for different wine bottle capacity. The components in the kit are intended to assemble into a wall mounted rack designed to hold wine bottles. |
| Reason: The aluminum pegs provide the function of holding wine bottles and predominate by value over the MDF panel, acrylic panel, and hardware, and provide the essential character of this article. The wall mounted wine rack is classified by application of GRI 3(b), according to its aluminum pegs component. |
| Ruling Date: Dec. 30, 2023 |