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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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
N337391: The tariff classification of nonalloy steel coils from China
HTS: 7210.49.0091, 9903.80.01, 9903.88.15, free + 25% + 7.5%, "Flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated: Otherwise plated or coated with zinc: Other: Other: Of a thickness of 0.4 mm or more." |
Item: Zinc-coated nonalloy steel coils. The coils are hot-dipped galvanized and are made to ASTM 653. These cold-rolled nonalloy steel coils measure 0.71 mm or 0.86 mm in thickness and are 1219 mm in width. |
Reason: N/A |
Ruling Date: Jan. 9, 2024 |
N337215: The tariff classification of polyester knit imitation furskins from China
HTS: 6001.92.0020, 17.2%, "Pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted: Other: Of man-made fibers, other: other." |
Item: “Craft fur” in a brown colored fabric and a white colored fabric. The products are manufactured on a circular knitting machine. The fabrics are of knit pile construction made by inserting fibers from combed slivers into the loops of the ground fabric during knitting. |
Reason: N/A |
Ruling Date: Jan. 9, 2024 |
N337193: The tariff classification of an artificial pumpkin from China
HTS: 6702.90.6500, 9903.88.15, 17% + 7.5%, “Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: [o]f other materials: Other: OIther.” |
Item: A “Paper Pumpkin.” The item has a polystyrene foam core that is covered with paper and features a realistic looking plastic stem. The paper outer surface is glued to the core and the plastic stem is glued to the top of the pumpkin. It will come in four different colors: white, yellow, orange, and a darker shade of orange. |
Reason: The paper outer surface of the pumpkin imparts the essential character to this composite good. As the paper would not be considered made from man-made fibers, the proposed subheading would not be appropriate for this product and instead it would be classified as being made “of other materials.” |
Ruling Date: Jan. 9, 2024 |
N337191: The tariff classification of contact pins from Switzerland and Mexico
HTS: 8536.90.4000, free, "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not exceeding 1,000 V…: Other apparatus: Terminals, electrical splices and electrical couplings…" |
Item: Contact Pins and Matching Sockets are formed copper alloy electrical pins that are fitted/inserted into electrical sockets, connectors, and other types of electrical connections. The Contact Pins are constructed of copper alloy in the form of male type contact, while the Matching Sockets are constructed of copper alloy and are in the form of a female type contact. The contact pins and sockets are rated at less than 1,000 V. |
Reason: The contacts, as noted in both configurations and being constructed of a copper alloy and stamped/formed into a male and corresponding female electrical contact, conduct electricity and are appropriately described as terminals. |
Ruling Date: Jan. 9, 2024 |
N337118: The tariff classification of an electric salad spinner from China
HTS: 8509.80.5095, 4.2%, "Electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, other." |
Item: A 3-in-1 Electric Salad Spinner. Primarily made of plastic. It consists of a 4L outer bowl, a 3L removable colander bowl, and a removable locking lid which houses an electric motor and rechargeable battery for the item to function as a salad spinner by pressing an on/off button. The item is designed for household use and marketed as a salad spinner with multi-function features of a colander by use of the inner bowl and as a serving bowl by use of the outer bowl. |
Reason: N/A |
Ruling Date: Jan. 9, 2024 |
N337036: The tariff classification of a plush toy, pillow, and throw blanket from China
HTS: 9027.50.4060, free, “Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): Other: Electrical: Other.” |
Items: The items are the CFX Opus 96 Dx and CFX Opus 384 Dx qPCRs (Quantitative polymerase chain reaction). Both instruments work in a manner similar to one another, as seen below. With their thermal gradient feature, the systems allow the user to optimize the assay in a single experiment, minimizing the use of separate samples and reagents. The solid-state optical technology of the CFX Opus Systems provides sensitive detection for precise quantification and target discrimination. Scanning just above the sample plate, the optics shuttle individually illuminates and detects fluorescence from each well with high sensitivity and consistency. |
Reason: The thermal cycler of heading 8419 merits equal consideration to the fluorescence detection in heading 9027. Classification will be determined based on the competing heading that occurs last in numerical order. GRI 3(c) noted. |
Ruling Date: Jan. 9, 2024 |
N337309: The tariff classification of magnetic silicone Apple watch bands/straps from China
HTS: 9113.90.8000, 9903.88.15, 1.8% + 7.5%, "watch straps, watch bands and watch bracelets, and parts thereof: other: other." |
Item: A magnetic silicone watch strap that fits Apple watches. The strap does not have a classic buckle but uses magnets to fasten the watch strap. The watch band is designed to be wrapped around the wrist and features a magnetic closure. The magnets enable the user to adjust the band to the size of their wrist and to ensure a strong closure and secure fit. |
Reason: N/A |
Ruling Date: Jan. 10, 2024 |
N335295: The tariff classification of lightweight aggregate from China
HTS: 2530.90.8050, free, “Mineral substances not elsewhere specified or included: Other: Other: Other.” |
Item: Lightweight aggregate comprising broken pieces of refractory ceramic brick. |
Reason: N/A |
Ruling Date: Jan. 9, 2024 |
N337233: The tariff classification of a women’s blouse and shrug from China
HTS: (1) 6106.90.1010, 9903.88.15, 13.6% + 7.5%, “Women’s or girls’ blouses and shirts, knitted or crocheted: Of wool or fine animal hair: Women’s.” (2) 6114.90.0570, 9903.88.15, 10.8% + 7.5%, "Other garments, knitted or crocheted: Of other textile materials: Of wool or fine animal hair: Other: Women’s or girls’." |
Item: (1) A women’s 2 -in-1 knit blouse and shrug set constructed from 70 percent wool and 30 percent silk knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting, sleeveless blouse extends from the neck to below the waist and features a crew neck, buttons at the shoulder and a hemmed bottom. (2) The shrug to style fits over the head and features a crew neck, no front or back coverage, and long sleeves. |
Reason: N/A |
Ruling Date: Jan. 10, 2024 |
N337145: The tariff classification of a plush toy, pillow, and 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) 9404.90.2090, 9903.88.15, 6% + 7.5%, “Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: Other: Pillows, cushions and similar furnishings: Other: Other.” (3) 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: The article is a Disney Minnie Mouse 3-Piece Travel Set, JFA37-08. It consists of a (3) plush toy, (2) a pillow, and (1) a throw blanket, all held together for sale by a removable ribbon and plastic strap. The plush toy is a 12"-high three-dimensional representation of the Disney character Minnie Mouse. |
Reason: Although the items meet GRI 3(b) set criteria (a) and (c), they do not meet criterion (b) because the three items -- the plush toy, the pillow, and the throw blanket -- don't meet a particular need or carry out a specific activity. Since the three items fail to meet all three GRI 3(b) set criteria, each item will be classified separately. |
Ruling Date: Jan. 10, 2024 |