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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N341354: The tariff classification of nonalloy steel coils from Brazil

HTS: 7210.70.6060, 9903.80.01, 9903.80.12, free + 25%, "Flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated: Painted, varnished or coated with plastics: Other: Zinc coated or plated: Other."
Item: Zinc-coated nonalloy steel coils. These cold-rolled steel coils which are made to ASTM A653 are hot-dipped galvanized and two coats of primer paint are applied. The coils measure 0.71 mm or 0.86 mm in thickness and are 1150 mm in width.
Reason: N/A
Ruling Date: July 29, 2024

N341251: The country of origin of an automated guided vehicle

Origin: South Korea
Item: An automated guided vehicle used to transfer formation trays (specially shaped trays that hold battery cells) between assembly equipment and formation equipment during battery manufacturing. Each vehicle is designed to navigate autonomously throughout a manufacturing facility and is equipped with a roller mechanism that loads and unloads the trays from a corresponding dock. The roller mechanism is enclosed within a frame that sits atop a self-propelled chassis. It consists of components sourced from China, Germany, India, Japan, Korea, Malaysia, Singapore, and Taiwan. The final assembly occurs in Korea using two subassemblies that are also preassembled in Korea, a driving frame assembly and a handling frame assembly.
Reason: The sum of the final assembly and the preassembly of core components in Korea constitutes a substantial transformation. In particular, mechanical and electrical components of multiple origins are incorporated into a drive frame assembly and handling frame assembly before they are joined to form the final automated guided vehicle.
Ruling Date: July 29, 2024

N341146: The tariff classification of Phenylpropanolamine Hydrochloride Chewable Tablets and Trimeprazine with Prednisolone Tablets in dosage form, from India

HTS: (1) 3004.43.0000, 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 alkaloids or derivatives thereof: Containing norephedrine or its salts.” (2) 3004.32.0000, 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: Containing corticosteroid hormones, their derivatives or structural analogues.”
Item: (1) Phenylpropanolamine Hydrochloride, imported in 25 mg, 50 mg and 75 mg chewable tablets, is a sympathomimetic agent that acts as a nonselective adrenergic receptor agonist and norepinephrine reuptake inhibitor. It is indicated for the control of urinary incontinence due to urethral sphincter hypotonus in dogs. (2) Trimeprazine with Prednisolone, imported in 5 mg/2 mg tablets, is a combination drug containing Trimeprazine (antipruritic) with Prednisolone (corticosteroid), as the active ingredients. It is recommended for the relief of itching and the reduction of inflammation commonly associated with most skin disorders of dogs.
Reason: N/A
Ruling Date: July 29, 2024

N341464: The tariff classification of nonalloy steel coils from India

HTS: 7210.49.0091, 9903.80.01, free + 25%, "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 A653. These cold-rolled nonalloy steel coils measure 0.71 mm or 0.86 mm in thickness and are 1150 mm in width.
Reason: N/A
Ruling Date: July 30, 2024

N341463: The tariff classification of nonalloy steel coils from Canada

HTS: 7210.49.0091, free, "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 A653. These cold-rolled nonalloy steel coils measure 0.71 mm or 0.86 mm in thickness and are 1150 mm in width.
Reason: Goods from Canada are exempt from Section 232 duties, and Section 301 duties will not apply since the coils do not originate in China.
Ruling Date: July 30, 2024

N341426: The tariff classification of nonalloy steel coils from China

HTS: 7210.70.6060, 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: Painted, varnished or coated with plastics: Other: Zinc coated or plated: Other."
Item: Zinc-coated nonalloy steel coils. These cold-rolled steel coils which are made to ASTM A653 are hot-dipped galvanized and two coats of primer paint are applied. The coils measure 0.71 mm or 0.86 mm in thickness and are 1150 mm in width.
Reason: N/A
Ruling Date: July 30, 2024

N341403: The tariff classification of a jar lifter from China

HTS: 7323.99.7000, 5.3%, “Table, kitchen or other household articles and parts thereof, of iron or steel; Other: Other: Not coated or plated with precious metal: Other: Cookingware.”
Item: Jar gripping tongs made of iron with chrome plating. The iron with chrome plating jar lifter contains polypropylene plastic handles and vinyl tongs. The jar lifter measures approximately 8.8 inches in length by 3.1 inches wide by 2 inches in thickness. The item allows the user to put glass jars into hot water and remove them without getting burned. The jar lifter is used to sterilize glass jars used for home canning of food.
Reason: The iron with chrome plating accounts for the vast majority of the bulk, weight, and value for the jar lifter. Therefore, the iron with chrome plating imparts the essential character to the jar lifter. The jar lifter under consideration will be classified as a household article of the constituent material of the jar lifter which is iron.
Ruling Date: July 30, 2024

N341224: The tariff classification of paper shopping bags from China

HTS: 4819.40.0040, free, "Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Other sacks and bags, including cones: Other."
Item: Paper shopping bags constructed of paper weighing 220 grams per square meter (gsm). The bags measure 10” (25.4cm) wide by 12” tall by 5-3/4” deep. There is a stabilizing piece of paperboard lining the bottom of each bag. The top edge of the bag is folded over. There are knitted tube handles constructed of either twisted paper yarn or polyester fiber. The handles are anchored under the fold and are threaded through slots at the top folded edge of the bag. The sample bags are unprinted, but you indicate that the bags may be printed by lithographic means.
Reason: N/A
Ruling Date: July 30, 2024

N341070: The tariff classification and country of origin of Calcitonin Salmon Injection USP

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."
Origin: U.S.
Item: Salmon Calcitonin USP, imported in 200 IU/mL vials, is s a polypeptide hormone. It is indicated for the treatment of hypercalcemia, osteoporosis, and Paget’s disease.
Reason: The mixing of the active ingredient, Calcitonin Salmon (made in the United States), into the final Calcitonin Salmon Injection in dosage form in India does not result in a substantial transformation and the country of origin will be the United States.
Ruling Date: July 30, 2024

N341013: The tariff classification of footwear from Taiwan

HTS: 6402.99.3165, 6%, “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other."
Item: Style JQ8739 Climacool is a unisex closed toe/closed heel, below-the-ankle, slip-on shoe. The upper and outer sole consists of 100 percent Polyurethane (PU) material. The shoe is 3-D printed in a small size and is baked to achieve the desired full size and having a mesh design. It does not have foxing or foxing like band. The shoe is not classified as an athletic shoe because it is a slip-on. The F.O.B. value is $28 per pair.
Reason: N/A
Ruling Date: July 30, 2024