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.
N339525: The tariff classification of an Iron Tree Collar from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: An Iron Tree Collar. The collar is made of galvanized iron and consists of three pieces. The collar is assembled by attaching the three pieces together and is secured with screws. The collar is intended to fit around the stand of a Christmas tree to provide decorative appeal. |
| Reason: N/A |
| Ruling Date: April 24, 2024 |
N339359: The tariff classification of Testosterone Gel, 1.62 % in dosage form, from the Netherlands
| HTS: 3004.39.0050, 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 hormones or other products of heading 2937: Other: Other.” |
| Item: Testosterone Gel, 1.62%, is a steroid sex hormone for topical use only and available as a metered-dose pump. It is indicated for replacement therapy in males for conditions associated with a deficiency or absence of endogenous testosterone such as primary hypogonadism (congenital or acquired) and hypogonadotropic hypogonadism (congenital or acquired). |
| Reason: N/A |
| Ruling Date: April 24, 2024 |
N339320: The tariff classification of Lanthanum Chloride from China
| HTS: 2846.90.8090, 3.7%, “Compounds, inorganic or organic, of rare earth metals, of yttrium or scandium, or of mixtures of these metals: Other: Other: Other: Other.” |
| Item: Lanthanum Chloride. Lanthanum Chloride is an inorganic chemical compound with the formula LaCl3 and Chemical Abstract Service (CAS) number 10099-58-8. The product is a rare earth metal compound. |
| Reason: This product meets the requirements of Note 1 to Chapter 28. |
| Ruling Date: April 24, 2024 |
N339302: The tariff classification of a rig mat from China
| HTS: 4421.91.9880, 9903.88.03, 3.3% + 25%, “Other articles of wood: Other: Of bamboo: Other: Other: Other: Other.” |
| Item: The bamboo rig mat is constructed of strand bamboo and steel. Steel forms the framework of the rig mat, while bamboo slats provide the driving surface for vehicles to traverse. The bamboo slats are constructed of three layers of strand bamboo bonded together with glue and bolts. The bamboo is coated with an anti-slip coating consisting of polyurethane and crushed glass. The side rails are removable for mat repairs and maintenance. |
| Reason: The bamboo slats impart the essential character of the mats. |
| Ruling Date: April 24, 2024 |
N339227: The tariff classification of a handbag from Vietnam
| HTS: 3926.90.9985, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other.” |
| Item: The Heiress Flex Bag. This handbag is constructed from molded polyurethane plastic studs on a textile, with a polyester textile lining, a cowhide handle, and a zippered opening. The rubber-like stud “crystals” almost completely obscure the fabric underneath. |
| Reason: As this handbag is predominately covered with the molded plastic “crystals,” it would be excluded from heading 4202. |
| Ruling Date: April 24, 2024 |
N339203: The tariff classification of Body Doodlers Face and Body Gel Crayons and Hair Doodlers Hair Crayons from China
| HTS: (1) 3304.99.5000, 9903.88.03, free + 25%, "Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other." (2) 3305.90.0000, 9903.88.03, free + 25%,“Preparations for use on the hair: Other.” |
| Item: (1) Body Doodlers Face and Body Gel Crayons. This is a set of 12 distinct colorants used to draw and decorate the face and body. (2) Hair Doodlers Hair Crayons. This is a set of six distinct colorants used to draw and decorate the hair. Each “crayon” is encased inside a plastic barrel with a pull-off cap. As the colorant is used, twisting the barrel end will refresh the colorant. These products as solid gel “crayons” and state that they are for use by persons ages 6 and up and easily washed off with soap and water. |
| Reason: While the Body Doodlers Face and Body Gel Crayons and the Hair Doodlers Hair Crayons resemble crayons, they are not meant to serve as writing instruments. Instead, they are meant to apply color to the face, body, and hair. Therefore, they are more specifically provided for in Chapter 33. |
| Ruling Date: April 24, 2024 |
N339156: The country of origin of printed gift-wrapping paper
| Country of Origin: Finland |
| Item: Lightweight coated wrapping paper in master rolls. The coating applied to the paper isn't identified. The paper weighs approximately 60 grams per square meter (gsm) and will be printed. The base paper is fully manufactured in Finland and the paper is printed in China. Pulp is processed and manufactured into sheet paper, with the paper finished in Finland. The master rolls of lightweight coated paper are then transported to China, where they are printed with color or designs on a gravure printing press. The paper may be trimmed in China. After importation to the U.S., cutting, rolling, and packaging into consumer units will occur. |
| Reason: The printing in China doesn't substantially transform the paper into another article with a distinctive name, character or use. |
| Date: April 24, 2024 |
N339097: The tariff classification of a misting fan from China
| HTS: 8414.59.6590, 9903.88.03, 2.3% + 25%, “Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: Fans: Other: Other: Other: Other: Axial.” |
| Item: A cordless electric misting fan. The three-speed fan is designed for indoor and outdoor use. It comprises a rotating fan blade powered by an electric motor and a 24-volt lithium battery. The fan blades and hub, referred to as an impeller, are contained within front and rear covers. To activate the misting feature, the user places the intake valve located on the bottom back of the fan into a water source such as a container of water. The pump can then be turned on using the pump switch with each subsequent press of the pump switch increasing the speed the mist is projected from the unit’s nozzles. The fan itself is turned on using the power switch. The mist and airflow can be adjusted by tilting the fan head. The fan is capable of being used with or without the misting feature. |
| Reason: N/A |
| Ruling Date: April 24, 2024 |
N339526: The tariff classification of a tree collar from China
| HTS: 6304.93.0000, 9.3%, “Other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of synthetic fibers.” |
| Item: A tree collar made of polyester dyed woven and nonwoven fabrics and iron wire. The tree collar consists of two woven fabric panels backed with nonwoven fabric. The panels have two nonwoven fabric tunnels that run the length of the long edges sewn to the backing fabric. Wire connectors at the ends of iron wires inserted into the tunnels and three hook and loop tabs on the ends of the two panels are used to secure the panels together. The tree collar is a decorative addition intended to be used under a Christmas tree to cover the tree stand. |
| Reason: N/A |
| Ruling Date: April 25, 2024 |