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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N337737: The tariff classification of the “Blinger” toy craft kit from China
| HTS: 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 “Blinger,” is a toy craft set for children which is used to apply decorative jewels to add bling to their hair, clothes, and other surfaces. The item comes with 5 discs containing 15 “gems” on each disc and a plastic craft tool into which they are inserted. When the tool is depressed, it releases an adhesive gem that will decorate the surface it is applied to. The product is designed for use in a limited capacity, as a toy. |
| Reason: N/A |
| Ruling Date: Feb. 9, 2024 |
N337726: The tariff classification of electric scooters and e-bike from China
| HTS: (1), (2) 8711.60.0090, 9903.88.67, free + 25%, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor,…: With electric motor for propulsion: Other.” (3), (4) 8711.60.0060, 9903.88.67, free + 25%, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor,…: With electric motor for propulsion: Of an output not exceeding 250 W.” |
| Item: (1) The RS1, a collapsible electric scooter. The RS1 is equipped with a 350-watt electric motor and has an estimated range and maximum speed of 15.5 miles-per-hour. (2) The RS3, a collapsible electric scooter. The RS3 is equipped with a 350-watt electric motor, and has an estimated range, and maximum speed, of 15.5 miles-per-hour. Both the RS1 and RS3 are programmed with three drive modes, beginner, eco, and sport. (3), (4) The RB1, an electric bicycle. There will be two versions of the RB1, one will have pedal assist without throttle and would not be capable of self-propulsion, and the other will have pedal assist with throttle capable of 100% self-propulsion without rider intervention. The packaging will identify the Riley “RB1” as the pedal assist start, and the pedal assist with throttle as the “RB1-T”. Each version of the RB1 is equipped with a 250-watt brushless motor, has an estimated range of 27-37 miles, and a maximum speed of 15.5 miles-per-hour. |
| Reason: N/A |
| Ruling Date: Feb. 9, 2024 |
N337695: The tariff classification of an electric marshmallow stick 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: The marshmallow stick, which consists of a 3-pronged metal folk affixed to a metal cylindrical handle containing an electric motor and batteries. When the switch button on the handle is pressed, the folk turns. The marshmallow stick is designed for domestic use such as grilling the marshmallows and sausages on a campfire. |
| Reason: N/A |
| Ruling Date: Feb. 9, 2024 |
N337980: The tariff classification of regenerated cellulose sponge sheets from China
| HTS: 3921.14.0000, 9903.88.02, 6.5% + 25%, "other plates, sheets, film, foil and strip, of plastics: cellular: of regenerated cellulose." |
| Item: A 2-pack of reusable sponge cloths. The samples provided are rectangular shaped sponge sheets. They are screen printed on one side but are not further worked. These reusable sponge sheets will be used for household cleaning purposes, with the goal to reduce the use of paper towels. The sponge sheets will be imported cut to size and packaged for retail sale. The sponge sheets are manufactured from a mixture of 70 percent cellulose, in the form of viscose, a dissolved liquid cellulose, and 30 percent scrap cotton fibers. The mixture undergoes a several step process, including salting before being extruded into a sheet. The sheet is subjected to a process to regenerate the viscose back into cellulose. It is then treated with several cleaning baths to remove salt, creating the pores in the finished sponge sheet that increase its absorptive qualities. The material is then dried and cut into the finished products. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2024 |
N337951: The tariff classification of a noise control MIC assembly from Mexico
| HTS: 8543.70.9860, 2.6%, “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: A MIC assembly for an Active Noise Controller (ANC). The item has a printed circuit board within a plastic enclosure. The PCB incorporates various electrical components including an electroacoustic microphone, resistors, capacitors, diodes, and transistors. The MIC assembly is meant to be installed within the cabin of a vehicle and is designed to sense, detect, and amplify the ambient noise within. This noise is sent to the vehicle’s ANC, which is located in the Electronic Control Unit (ECU). The ANC and ECU process the information and, if necessary, send a signal to the vehicle’s speakers that will cancel the noise in the cabin, creating a quiet experience for the occupants. |
| Reason: The subheading 8543.70.9960 is no longer valid per modifications to the Harmonized Tariff Schedule. The correct subheading based on the most current version of the HTSUS is 8543.70.9860. |
| Ruling Date: Feb. 13, 2024 |
N337831: The tariff classification of Nafcillin Sodium for Injection in dosage form, from Italy
| HTS: 3004.10.5075, 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: Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives: Other: Other: Other: Other.” |
| Items: Nafcillin Sodium for Injection is a semisynthetic penicillin derived from the penicillin nucleus, 6-amino-penicillanic acid. It is a penicillin derivative antibiotic used to treat susceptible staphylococcal infections. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2024 |
N337822: The tariff classification of a “Millionaire Team Pin” from the United States
| HTS: 7113.19.50, 5.5%, "Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A “Millionaire Pin.” It is a circular pin made of base metal. The border of the pin is 10K gold filled, representing 10% of the weight of the pin. The pieces are welded together, then electroplated with 24K gold plate. The pin contains three synthetic emeralds in the center. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2024 |
N337819: The tariff classification of silicone caps from China
| HTS: 3923.50.0000, 9903.88.03, 5.3% + 25%, “stoppers, lids, caps and other closures, of plastics.” |
| Item: The straw toppers. They are composed of 100% silicone. They are caps designed to fit on the top opening of a plastic straw. The purpose of the caps, is to prevent debris from entering the straw. They will be imported separately from the straws and will come in multiple designs and themes. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2024 |
N337746: The tariff classification of Penicillin G Potassium for Injection in dosage form, from Italy
| HTS: 3004.10.1020, 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: Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives: Containing penicillin G salts: Other: Singles.” |
| Item: Penicillin G Potassium for Injection is the potassium salt form of penicillin G, a broad-spectrum penicillin antibiotic. It is indicated for the treatment of serious infections caused by susceptible strains of the designated microorganisms causing septicemia, empyema, pneumonia, pericarditis, endocarditis, meningitis, anthrax, actinomycosis, botulism, diphtheria, erysipelothrix, endocarditis and fusospirochetosis. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2024 |
N337745: The tariff classification of Indomethacin Suppositories in dosage form, from India
| HTS: 3004.90.9234, 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: Other: Other: Medicaments primarily affecting the central nervous system: Analgesics, antipyretics and non-hormonal anti-inflammatory agents: Other.” |
| Item: Indomethacin is a non-steroidal anti-inflammatory drug (NSAID). It is indicated for moderate to severe rheumatoid arthritis including acute flares of chronic disease, moderate to severe ankylosing spondylitis, moderate to severe osteoarthritis, acute painful shoulder (bursitis and/or tendinitis) and acute gouty arthritis. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2024 |