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:
N338407: The tariff classification of a collection bag from China
| HTS: 3926.90.9910, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Laboratory ware.” |
| Item: A collection bag, which is used in the dairy industry for the collection of milk samples on dairy farms, dairy tanker trucks and dairy plants. The collection bag consists of three components: a polyvinyl chloride bag, PVC tubing and a stainless-steel needle. The tubing connects the needle to the collection bag. The needle is inserted into a membrane in a holding tank or a dairy processing line. As the holding tanks and lines are under positive pressure, the milk/cream flows from inside the tank or line into the needle, through the tubing and into the collection bag. When pressure is insufficient, the customer may attach the tubing to a peristaltic pump to draw the sample. Once the sample is collected in the sample bag, the milk/cream is then tested for component or microbiological analysis. Once manufactured, the bags are sterilized using gamma irradiation. |
| Reason: The plastic bag imparts the essential character to this set. |
| Ruling Date: March 14, 2024 |
N338367: The tariff classification and USMCA eligibility of a head pump and outlet housing
| HTS: 8413.91.9085, 9903.88.01, free + 25%, "Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof: Parts: Of pumps: Other: Of subheading 8413.50.00: Other." |
| USMCA: Not Eligible |
| Item: An aluminum head pump and an outlet housing. The outlet housing is a specially shaped component that releases water. The head pump functions as a cover for the pump’s hydraulic power supply. |
| Reason: (HTS) The head pump and outlet housing are parts that complete a cam axial pump that was classified in New York ruling N337928. The cam axial pump was classified within heading 8413, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pumps for liquids, whether or not fitted with a measuring device, and liquid elevators. The outlet housing and the head pump are parts solely or principally used with a cam axial pump. The items are component parts that complete the pump. Therefore, in accordance with Note 2(b) to Section XVI, these items will be classified within subheading 8413.91.9085 (USMCA). As the outlet housing and head pump, identifiable parts of a pump prior to being imported into Mexico, are classified within heading 8413, as parts, the requisite tariff shift rule isn't met. |
| Ruling Date: March 14, 2024 |
N338278: The country of origin of Zinc Sulfate Injection USP in dosage form
| Country of Origin: Czech Republic |
| Item: Zinc Sulfate Injection USP is a parenteral nutritional solution for intravenous infusion into a central or peripheral vein. It is used in adult and pediatric patients as a source of zinc for parenteral nutrition when oral or enteral nutrition is not possible, insufficient or contraindicated. The active pharmaceutical ingredient, Zinc Sulfate, is manufactured in the Czech Republic and the finished Zinc Sulfate Injection in dosage form is made in India. |
| Reason: The processing of the active ingredient Zinc Sulfate (made in the Czech Republic) into the final Zinc Sulfate Injection in dosage form in India doesn't result in a substantial transformation. |
| Ruling Date: March 14, 2024 |
N338248: The tariff classification of embroidered textile pins from China
| HTS: (1), (2) 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: (1) An assortment of alphabet letter embroidered textile pins intended to be pinned to a Christmas stocking. Each letter is die-cut to shape and a metal butterfly clutch tie tack pin is glued to the back of the letter to create the completed item. The completed embroidered textile pin is available in 12 initials. (2) An assortment of motif embroidered textile pins intended to be pinned to a Christmas stocking. Each motif is die-cut to shape and a metal butterfly clutch tie tack pin is glued to the back of the motif to create the completed item. The completed embroidered textile pin is available in three motifs (snowflake, paw print, or reindeer). |
| Reason: The essential character of the embroidery pin is the textile fabric as the pin serves only to attach the item to the stocking. |
| Ruling Date: March 14, 2024 |
N331721: The tariff classification of polyurethane sheet from the Netherlands
| HTS: 3921.19.0000, 6.5%, "other plates, sheets, film, foil and strip, of plastics: cellular: of other plastics." |
| Item: A nonwoven mycelium/lyocell fabric that is coated on one side with polyurethane. It is coated with a layer of cellular polyvinyl acetate. |
| Reason: The "nonwoven is present merely for reinforcing purposes and is excluded from classification as a nonwoven textile fabric." |
| Ruling Date: March 14, 2024 |
N338812: The tariff classification of a glass Christmas tree ornament from China
| HTS: 9505.10.1000, 9903.88.15, free + 7.5%, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of glass.” |
| Item: A Christmas Cake Slice Glass Ornament consisting of a wedge-shaped glass ornament depicting a slice of rainbow-colored layer cake with glitter on top. The top of the ornament features a metal crown with a metal loop through which a braided string loop is strung for hanging on a Christmas tree. The ornament will be marketed and sold exclusively as a Christmas tree ornament. |
| Reason: N/A |
| Ruling Date: March 15, 2024 |
N338553: The tariff classification of an artificial poinsettia bush from China
| HTS: 6702.90.3500, 9%, “Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: Of other materials: Other: Of man-made fibers.” |
| Item: A large poinsettia bush fashioned with three or five plastic stems that are permanently bound together at the base. Each poinsettia bush consists of velvet polyester woven fabric fashioned into leaves. The leaves and plastic buds are attached to plastic coated wire stems with tape. There is gold or silver glitter on the pistils. The poinsettia bush is composed predominately of polyester woven fabric. The bush will come in either a red or white version. |
| Reason: The man-made fabric leaves would impart the essential character to this artificial plant. |
| Ruling Date: March 15, 2024 |
N338551: The tariff classification of an artificial poinsettia bush from China
| HTS: 6702.90.3500, 9%, “Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: Of other materials: Other: Of man-made fibers.” |
| Item: A mini poinsettia bush fashioned with three or four plastic stems that are permanently bound together at the base. Each poinsettia bush consists of velvet polyester woven fabric fashioned into leaves. The leaves and plastic buds are attached to plastic coated wire stems with tape. There is gold or silver glitter on the pistils. The poinsettia bush is composed predominately of polyester woven fabric. The bush will come in either a red or white version. |
| Reason: The man-made fabric leaves would impart the essential character to this artificial plan. |
| Ruling Date: March 15, 2024 |
N338434: The tariff classification of RAYALDEE® (Calcifediol) extended-release capsules in dosage form, from Ireland
| HTS: 3004.50.5020, 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 vitamins or other products of heading 2936: Other: Other: Single vitamins: Other.” |
| Item: RAYALDEE (Calcifediol) is a vitamin D3 analog indicated for the treatment of secondary hyperparathyroidism in adults with stage 3 or 4 chronic kidney disease and serum total 25-hydroxyvitamin D levels less than 30 ng/mL. |
| Reason: N/A |
| Ruling Date: March 15, 2024 |
N338416: The tariff classification of a toy pickle ball set 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 “Bring on the Sun, Pickle Ball Junior Set” consists of two oversized, lightweight pickleball paddles, one standard-sized pickleball, one oversized pickleball, and one miniature 11-foot wide pickle ball net system. These items have been modified to a scale for young children. The components are meant to be imitations of the real thing, only to be used exclusively as playthings. The set is designed for the amusement of children ages 6 years and older. |
| Reason: N/A |
| Ruling Date: March 15, 2024 |