Rulings, remedies and court proceedings for customs and trade professionals

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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N340530: The tariff classification of a lemon squeezer from China

HTS: 8205.51.6000, 9903.88.03, 2.2¢/kg + 5% + 25%, “Handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools or water-jet cutting machines; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: Other handtools (including glass cutters) and parts thereof: Household tools, and parts thereof: Of aluminum.”
Item: A hand-held lemon squeezer. It is made of powder-coated aluminum and consists of two rubber-grip handles that end in two hinged domes. Both domes face the same direction and the outside of the smaller one fits inside the larger one when the tool is in a closed position. To operate the lemon squeezer, half of a cut lemon is placed pulp-side down onto the outer surface of the smaller dome. The user then brings the handles together and squeezes tightly until the lemon juice is fully extracted.
Reason: N/A
Ruling Date: June 12, 2024

N340501: The tariff classification of a fish landing net from China

HTS: 9507.90.6000, 5%, “Fishing rods, fish hooks and other line fishing tackle…parts and accessories thereof: Fish landing nets, butterfly nets and similar nets.”
Item: The Ultimate Series Boat Net is a pear-shaped landing net attached to an aluminum pole and used by a fisherman to retrieve fish from the water after the fish have been caught. The item is principally used in recreational fishing.
Reason: N/A
Ruling Date: June 12, 2024

N340432: The tariff classification of gloves from Pakistan

HTS: 6216.00.3800, 23.5%, “Gloves, mittens and mitts: Other: Of cotton: Other: Without fourchettes.”
Item: A clute-cut work glove stated to be a cut-resistant hot-mill glove. The palm side of the glove, as well as the backside thumb and forefinger, features a three-ply construction consisting of an outer layer of brushed woven cotton, a center layer of knit fabric and an inner layer of woven fabric.
Reason: The glove's essential character is imparted by the palm-side woven cotton fabric that also extends to the back side.
Ruling Date: June 12, 2024

N340388: The tariff classification of 3 styles of Bluetooth loudspeakers from China

HTS: (1), (2), (3) 8518.22.0000, 9903.88.15, free + 7.5%, “Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures…: Loudspeakers, whether or not mounted in their enclosures…: Multiple loudspeakers, mounted in the same enclosure.”
Item: (1) A 10" portable battery-powered Bluetooth PA system with mixer. The PA system module/speaker assembly incorporates a 10-inch woofer, 1-inch tweeter, Bluetooth 5.0 and True Wireless Stereo (TWS) technology, integrated six-channel mixer, three-band EQ, five application presets (music, live, vocal, eco, flat), effects such as reverb and delay, wheels and telescopic handle. Its connection options include, two microphone/line combo inputs, one stereo channel with 3.5mm jack (aux), RCA inputs, two receiver module slots for adding optional wireless microphone functionality, USB-C port for charging, and a foot-switch input. (2) A 10-inch portable battery-powered Bluetooth PA system with mixer that comes with a wireless handheld microphone. The PA system module/speaker assembly incorporates a 10-inch woofer, 1-inch tweeter, a wireless microphone receiver, Bluetooth 5.0 and True Wireless Stereo (TWS) technology, integrated six-channel mixer, three-band EQ, five application presets (music, live, vocal, eco, flat), effects such as reverb and delay, wheels and telescopic handle. Its connection options include, two microphone/line combo inputs, one stereo channel with 3.5mm jack (aux), RCA inputs, on receiver slot for adding an additional wireless microphone, USB-C port for charging and a foot switch input. (3) A 10-inch portable battery-powered Bluetooth PA system with mixer that comes with a wireless headset microphone and bodypack transmitter. The PA system module/speaker assembly incorporates a 0-inch woofer, 1-inch tweeter, Bluetooth 5.0 and True Wireless Stereo (TWS) technology, wireless microphone receiver, integrated six-channel mixer, three-band EQ, five application presets (music, live, vocal, eco, flat), effects such as reverb & delay, wheels and telescopic handle. Its connection options include two microphone/line combo inputs, one stereo channel with 3.5mm jack (AUX), RCA inputs, one receiver slot for adding an additional wireless microphone, USB-C port for charging and a foot-switch input.
Reason: N/A
Ruling Date: June 12, 2024

N340232: The tariff classification of men’s upper body garments from Vietnam

HTS: (1), (2) 6211.33.9044, 16%, "Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’: Of man-made fibers: Other: Shirts excluded from heading 6205: Other."
Item: (1) A men’s shirt constructed from 100% polyester twill fabric. The garment features a self-fabric spread collar; a left-over-right, full-front opening with eight snap closures; long, vented sleeves with two snaps on each cuff and one snap on each placket; vertical pockets on the right and left chest, each with a zippered closure concealed by a placket; brand and size labels sewn below the rear neckline; a left side-seam pocket below the waist with a zippered closure; and a curved, hemmed bottom. (2) A men’s shirt constructed from 100% polyester woven fabric. The garment features a self-fabric spread collar; a left-over-right, full-front opening with seven snap closures concealed by a placket; short, hemmed sleeves; a vertical pocket on the left chest with a zippered closure concealed by a placket; a back yoke with a mesh lining; a center-back pleat beneath the yoke; brand and size labels sewn below the rear neckline; a right side-seam pocket below the waist with a zippered closure; and a straight, hemmed bottom with side slits and a slightly longer back panel.
Reason: N/A
Ruling Date: June 12, 2024

N340121: The tariff classification of a women’s and a girls’ blazer from Cambodia and China

HTS: (1), (2) 6104.32.0000, 9903.88.15, 14.9% + 7.5%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches, and shorts (other than swimwear), knitted or crocheted: suit-type jackets and blazers: Cotton"
Item: (1) A women’s blazer constructed from 100% cotton knit fabric. The garment features two front panels and a back panel sewn together lengthwise, a round collarless neckline, a full-front opening with five button closures, long hemmed sleeves, two functional pockets at the waist (one on either side) and a hemmed straight bottom that reaches to the waist all the way around. The country of origin will be Cambodia. (2) A girls’ blazer constructed from 100% cotton knit fabric. The garment features two front panels and a back panel sewn together lengthwise, a round collarless neckline, a full-front opening with five button closures, long hemmed sleeves, two faux pockets on the chest (one on either side) and two functional pockets (one on either side) at the waist with a flap and a button. The garment extends from the shoulders to the hip. The country of origin will be China.
Reason: N/A
Ruling Date: June 12, 2024

N340644: The classification of a Mickey Face Pumpkin Pillow from China

HTS: 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.”
Item: A Mickey Face Pumpkin Pillow. It is a decorative throw pillow in the shape of a Mickey Mouse head, but with a pumpkin-orange knit fabric outer shell with black velboa applique jack-o-lantern-type eyes, nose and mouth. The pillow's front has curved vertical lines imitating the rib lines on a pumpkin.
Reason: N/A
Date: June 13, 2024

N340557: The tariff classification of electric vehicles from India

HTS: (1), (2) 8704.60.0000, 25%, “Motor vehicles for the transport of goods: Other, with only electric motor for propulsion” (3) 8703.90.0100, 2.5%, “Motor cars and other motor vehicles principally designed for the transport of persons…: Other vehicles, with only electric motors for propulsion: Other”
Item: (1) A 2024 “classic model” Piaggio Ape that has been modified/converted into a beverage dispensing marketing prop with the internal combustion engine having been completely removed and retrofitted with a 3kw electric motor. The Ape will travel within a small property premises or very short distances on a trailer to be stationed/displayed at an event. The electric motor is utilized only for adjusting the position of the three-wheeler at the event and will not be driven on public roads. (2) A used 2022 “classic model” Piaggio Ape that has been modified/converted into a beverage dispensing marketing prop with the internal combustion engine having been completely removed and retrofitted with a 3kw electric motor. The Ape will travel within a small property premises or very short distances on a trailer to be stationed/displayed at an event. The electric motor is utilized only for adjusting the position of the three-wheeler at the event and will not be driven on public roads. (3) A “Hem/Osoni” Auto Mobility branded go-cart with a 3kw electric motor. The go-cart is a four-wheeled vehicle with a rear-mounted electric battery. The go-cart measures 6.5 feet in length, 4 feet in width and weighs 190 lbs. The go-cart will not be used on any public roads but rather on private property or off-road.
Reason: N/A
Ruling Date: June 13, 2024

N340506: The tariff classification of a tote bag, a hood, and a travel pouch

HTS: (1), (2) 4202.92.3131, 9903.88.03, 17.6% + 25% "travel, sports, and similar bags, with outer surface of textile material, other, other, of man-made fibers. (3) 6505.00.7090, 9903.88.03, 6.8% + 25%, "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Wholly or in part of braid: Other: Other."
Item: (1) The tote bag is designed and sized to contain the larger personal effects associated with travel. It features a zippered closure at the top and one adjustable shoulder strap. The interior features one main compartment with a zippered closure in the middle and one opened pocket on each side. The front bottom of the bag features a zipper pocket containing additional storage space when unzipped. (2) The pouch features a zippered closure at the top with a lobster claw clasp at the end of each side. It is designed to provide storage, protection, portability and organization to the hood or other personal effects items. (3) The detachable hood has a functional drawstring closure that is threaded through the interior of the hood around the sides and top of the hood. It may be zipped into the travel pouch.
Reason: N/A
Ruling Date: June 13, 2024

N340345: The country of origin of an angiographic syringe kit

Country of Origin: China
Item: A sterile angiographic syringe kit housed in a high-impact polystyrene tray and consisting of one or two angiographic syringes, tubing with two Luer connectors and two dust caps (tubing assembly), a filling spike (spike body and spike sheath) with a dust cap and a vent cover cap (spike assembly), and/or a filling straw. There are two types of syringes. Type 1 is composed of a protective cap, a helical luer nut, a blue umbrella, a plunger seal, a lower cover, a piston cover and a syringe barrel. Type 2 has similar components but without the blue umbrella and the lower cover. The protective cap, helical luer nut, blue umbrella, plunger seal, lower cover, piston cover, syringe barrel, tubing with two luer connectors, spike body, spike sheath, dust caps, vent cover cap, and filling straw are made in China. The packaging materials (tray, Tyvek pouch, Tyvek label, master carton and inner carton) are made in Costa Rica.
Reason: The attaching of the syringe components, tubing and spike components, packing, sterilization and inspection processes performed in Costa Rica don't constitute a complex and meaningful operation, and therefore, don't result in a substantial transformation. The name, character, and use of the syringe components, tubing components, spike components and fill straw remains unchanged after the processing occurs in Costa Rica.
Ruling Date: June 13, 2024