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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N343286: The tariff classification of a laser level, paint sprayers and a suction tool from China
| HTS: (1) 9031.49.9000, 9903.88.01, free + 25%, “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: Other: Other.” (2), (3) 8424.20.9000, 9903.88.03, free + 25%, “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Spray guns and similar appliances: Other.” (4) 8467.29.0090, 9903.88.15, free + 7.5%, “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other: Other.” |
| Marking Sufficiency: Yes |
| Item: The first item (1) the LL 16-1 laser level is a tool that offers four 360-degree laser planes. The upper 360-degree horizontal line is ideal for ceiling installation, while the lower 360-degree horizontal line is suitable for tile installation. With the provided lifting base, the lower 360-degree floor laser can be elevated from the surface to project over uneven terrain or obstructions. The self-leveling laser level utilizes a green laser module for brightness and stability. The second item (2) under consideration is described as the PS-1 cordless paint sprayer, which is a plastic battery-operated paint sprayer with a rechargeable 18V 2 Ah battery. The sprayer comes with six nozzles (1.3mm, 1.5mm, 1.8mm, 2.0mm, 2.5mm, and 3.0mm) and three spray patterns -- horizontal, vertical and circular. The device is used for various painting projects such as furniture, fences, interior walls, decks, garage doors and crafts. The third item (3) under consideration is described as the PS-2 electric paint sprayer, which is a plastic corded electric-operated paint sprayer. Similar to the second item, the sprayer comes with six nozzles (1.3mm, 1.5mm, 1.8mm, 2.0mm, 2.5mm, and 3.0mm) and three spray patterns -- horizontal, vertical and circular. The device is also used for various painting projects such as furniture, fences, interior walls, decks, garage doors and crafts. The fourth item (4) under consideration is described as the VSC-1 cordless battery tile suction cup tool, which is a tile suction device with an LCD Screen and powered by a 21V battery. The device is also a portable vibration leveling machine that can be used on floors, tiles and walls, making it a versatile tool for any project. Depending on brick size, plaster thickness and the type of project, the tile suction cup tool offers 10 levels of vibration speed reaching up to 18,000 revolutions per minute (RPM). |
| Reason: The retail box of each article marked with “Made in China” in large bold print. In all cases, the article will be purchased in the retail box. Therefore, the marking of the boxes is sufficiently marked with the country of origin. |
| Ruling Date: Oct. 25, 2024 |
N343450: The tariff classification of foldable handheld fans from Spain
| HTS: 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: Foldable fans intended to be used by waving it back and forth to provide a cool stream of airflow to a person’s face. The handheld fans consist of two components: a body composed of 100% cotton woven, printed fabric and a frame of ribs/sticks composed of either wood (beech, birch, or sipo) or 100% Hesaglas plastic. The folded fabric is glued to the ribs of either the wood or plastic frame on one side. The wood frames are held together by a metal rivet and the plastic frames by a plastic rivet at the bottom of the fan. The fans measure 17 inches in length by 9 inches in height when fully opened and measure 2 inches in length by 9 inches in height when closed. |
| Reason: N/A |
| Ruling Date: Oct. 25, 2024 |
N343481: The country of origin of paper napkins
| Origin: Indonesia |
| Item: Packages of paper napkins, which come in a variety of sizes and folds. The bulk rolls of tissue paper are manufactured in Indonesia. The paper is White/Kraft virgin paper with 1/2/3 layers and a 12-22 GSM. These parent rolls of paper, which are available in multiple widths from 340 mm up to 2800 mm and have a maximum roll diameter of 1500 mm, with a core diameter of 76 mm, are then sent to China, where the paper is embossed, cut to size, folded, subjected to quality control, and packaged. |
| Reason: In China the tissue paper does not undergo a substantial transformation resulting in an item with a new name, character or use simply by embossing, cutting, folding and packaging. |
| Ruling Date: Oct. 25, 2024 |
N342894: The Country of Origin of Frozen Perch
| Origin: China |
| Item: Pacific Ocean Perch (Sebastes alutus) is wild caught by U.S. fishing vessels in Alaska, beheaded and then gutted. The fish is then shipped to China for processing that involves thawing, filleting and freezing. The finished product is skin-on, pin bone-in fillets that are exported to the U.S. for use on unspecified Caribbean cruise liners. |
| Reason: In the present instance, the fish is harvested, beheaded, gutted and frozen in the U.S. The fish is further processed in China (i.e., thawed and filleted), refrozen and exported to the U.S. The perch has been substantially transformed due to the processing in China, and that therefore the country of origin of the finished product is China. |
| Ruling Date: Oct. 24, 2024 |
N343018: The tariff classification of Clindamycin Phosphate Topical Solution 1% in dosage form, from China
| HTS: 3004.20.0055, 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 antibiotics: Other: Other: Containing clindamycin or its salts.” |
| Item: Clindamycin phosphate topical solution 1% is a medicinal preparation containing clindamycin phosphate, an antibiotic, as the active ingredient. It is indicated for the treatment of acne vulgaris. In your letter, you stated clindamycin phosphate topical solution will be exported from India and the country of origin is China. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2024 |
N343131: The tariff classification of various gateway networking devices from France and China
| HTS: 8517.62.0090, 9903.88.15, free + 7.5%, “Telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network)…: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” |
| Item: The first item is the Kerlink Wirnet iStation. This particular gateway is designed for various outdoor industrial applications and is especially useful in smart city or smart building projects. With a Soracom IoT SIM card, the device has the capability to connect to any one of 300 mobile carrier networks across 160 countries. The device doesn't come with a cellular SIM card. The item will be manufactured in France. The second item is the Browan Outdoor Micro Gateway, which is specifically designed to connect networks for wide-area smart city applications. Applications include, but are not limited to, automatic meter readings, monitoring fault indicators, monitoring streetlights, etc. This product can be configured as a last-mile repeater to solve sensor connectivity issues when the sensor is located at the edge of the coverage or out of coverage. The item will be manufactured in China. The third item is the SenseCAP M1 LoRaWAN Indoor Gateway (4G RAM+SX1302) - US915erlink Wirnet iStation. SenseCAP M1 is a high-performing, ready-to-use LoRaWAN indoor gateway compatible with Helium LongFi Network. The SenseCAP M1 provides wireless network coverage and data transmission capacity for LoRa/LoRaWAN devices. The SenseCap M1 LoRaWAN Indoor Gateway consists of the main unit, power adapter, antenna, MicroSD card and quick start guide. The item will be manufactured in China. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2024 |
N343132: The country of origin of fiber optic cable assemblies
| Origin: U.S. |
| Item: Five models of a patch cord assembly, further described as fiber optic cables consisting of 12 fibers within a core and coated with PVC and Kevlar yarn. Each end has multiple fiber optic connectors. The individual part numbers display only minor differences based on length and number of connectors. The subject cables are used within various telecommunications industries to transfer optical data signals. The manufacturing process for all five parts is substantially similar and begins with the creation of the optical fiber in the U.S. This process begins with the melting and stretching of the glass raw material into a glass bar. This bar is then ground and cleaned before it's further stretched and drawn into the appropriate length and diameter for the individual optical fiber. This fiber is then coated with polymer and tested for strength and function before it is exported to China. In China, the fiber core is cut to length prior to being colored and jacketed with the PVC and yarn. The ends are then fanned out and prepared for the addition of the connectors. The connectors are then assembled onto the ends and the finished cable is tested and packaged for shipment to the U.S. |
| Reason: The fiber cores manufactured in the U.S. impart the character of the finished cables. Further, the assembly process performed in China, including the addition of the covering and connectors, doesn't substantially transform the cores into new and different articles of commerce as their end use is predetermined and they perform the primary function of transmitting the data signals. Therefore, the country of origin for the subject product is the U.S. |
| Ruling Date: Oct. 24, 2024 |
N343273: The tariff classification of a hunting platform and hunting stands from China
| HTS: (item 1) 7326.90.8688, 9903.88.03, 2.9% + 25%, “Other articles of iron or steel; Other…Other.” (item 2) 9401.79.0015, 9903.88.03, free + 25%, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Other: Outdoor: With textile covered cushions or textile seating or backing material: Other.” (item 3) 9401.79.0035, 9903.88.03, free + 25%, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Other: Outdoor: Other: Other.” |
| Item: Item 1 is an outdoor steel metal hunting stand with a mesh platform base that is used by hunters and archers. A six-rung ladder is affixed to the stand, no seat is present. The stand will be imported unassembled; after assembly, the platform dimensions will approximate 59.76" in length, 59.76" in width, 84.06" in height (ground to platform), and will have a weight capacity of 500 lbs. Item 2 is an outdoor steel metal seat affixed to an 11-rung ladder stand that is used by hunters and archers. The stand will provide outdoor seating for a single individual and will have a weight capacity of 300 lbs. Affixed at the top of the stand will be a metal mesh foot platform and a metal mesh seat platform. The metal mesh seat platform will contain armrests but no backrest. Further, a steel metal shooting rail surround is mounted to the seat armrests. The stand contains a metal post that will mount to the trunk of a tree for stability. This stand will have a removable closed cell padded foam seat cushion constructed of ethylene-vinyl acetate (EVA) enclosed in textile fabric. Item 3 is an outdoor steel metal seat affixed to an 11-rung ladder stand that is used by hunters and archers. The stand will provide outdoor seating for a single individual and will have a weight capacity of 300 lbs. Affixed at the top of the stand will be a metal mesh foot platform and a metal mesh seat platform. The metal mesh seat platform will contain no armrests and no backrest. The stand contains a metal post that will mount to the trunk of a tree for stability. This stand will not have a seat cushion, textile seating or backing material. |
| Reason: N/A |
| Ruling Date: Oct. 24, 2024 |
N343287: The country of origin of an Ethernet Cable
| Origin: Taiwan |
| Item: An ethernet cable consisting of insulated cables in various lengths with RJ45 network connectors on each end. The subject cable is used to connect network devices and computers.The manufacturing process begins in Taiwan with a copper wire conductor being extruded, twisted, braided, jacketed and insulated prior to being cut to the desired length. The unfinished cables will be shipped to China for the final manufacturing process. In China, RJ45 connectors of Chinese origin are assembled onto each end of the cable. Then the finished cable is packaged for shipment to the United States. |
| Reason: The Taiwanese originating conductor wire imparts the character of the finished article as it is the essential component of the cable. The addition of Chinese-origin connectors doesn't substantially transform the cable into a new and different article of commerce with a name, character, and use distinct from the individual components. Based upon the facts presented, the origin of the RJ45 Patch Cable is Taiwan. |
| Ruling Date: Oct. 24, 2024 |
N342847: The tariff classification of Frozen Seasoned Boneless Beef from Brazil
| HTS: (Under quota) 0202.30.5085, 4.4¢/kg, “Meat of bovine animals, frozen: Boneless: Described in additional U.S. note 3 to this chapter and entered pursuant to its provisions: Other: Other: Other.” (Over Quota) 0202.30.8000, 26.4%, “Meat of bovine animals, frozen: Boneless: Other.” |
| Item: Raw beef of various cuts covered with a seasoning blend consisting of salt, allspice, black pepper and white pepper. The beef will be frozen and vacuum sealed in plastic bags. Upon importation into the U.S., the product may be cut and sold as seasoned roasts, steaks (such as, alternatives to skirt or flank steaks), or undergo further processing into sausage, hot dogs, seasoned ground beef or other seasoned meat products. |
| Reason: N/A |
| Ruling Date: Oct. 23, 2024 |