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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N343936: The tariff classification of the “Atomic Live Shield” back protector from China
| HTS: 9506.11.6000, 9903.88.15, free + 7.5%, articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…parts and accessories thereof: snow-skis and other snow-ski equipment; parts and accessories thereof: parts and accessories. |
| Item: The “Atomic Live Shield,” is a unisex back protector designed to protect a skier’s spine from injury while actively skiing. It features shoulder straps and a waist belt that are adjustable to fit different torso lengths. The product is made with a multi-density 3-layer foam that’s softer close to the body and stiffer on the outside to gradually absorb shock before reaching the wearer’s body. The textile portion is made from breathable mesh and stretch Lycra with an “Active Thermo Fit” that adapts to the shape of the skier’s back for a close fit. The product is intended to provide protection from injuries to the wearer while skiing. |
| Reason: N/A |
| Ruling Date: Nov. 20, 2024 |
N343943: The tariff classification of Creative Chefs Smores Kit from China
| HTS: 3407.00.2000, free, Modeling pastes, including those put up for children’s amusement. |
| Item: The Creative Chefs Smores Kit is intended for use by children 3 years old and up. This product will be imported in packaging suitable for retail sale and consists of the following components: 1 plastic chocolate bar mold, 2 plastic marshmallow molds, 4 plastic graham crackers, 1 bag weighing 25 grams of white kinetic sand, 1 bag weighing 200 grams of brown kinetic sand, 1 plastic bag intended to store the kinetic sand, 1 paper recipe card, and 1 paper box to store the 4 plastic graham crackers. This product is used by placing the white kinetic sand in the marshmallow molds and the brown kinetic sand in the chocolate bar mold to create “marshmallows” and a “chocolate bar” that can then be combined with the plastic graham crackers to make “smores.” None of the components within this product are intended to be consumed as they solely serve the purpose of allowing children to role play the activity of making smores. |
| Reason: N/A |
| Ruling Date: Nov. 20, 2024 |
N343554: The tariff classification of a shoe drying mat with tray from China
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made-up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A “Shoe Drying Mat with Tray,” consists of a textile mat and two removable plastic ventilated racks designed to elevate shoes allowing water to drip off. The shoe drying mat is intended to absorb the water and keep the floor clean and dry. The mat is composed of three layers: a 100% polyester knitted mesh fabric top layer; a 100% polyurethane foam middle layer; and a 100% polyester knitted terry fabric bottom layer. The rectangular shaped mat measures 35-1/2 inches in length by 13 inches in width and is finished with an inch wide 100% polyester knitted binding. The mat features an elastic band sewn to the mesh fabric, so when not in use the shoe drying mat can be folded and stored. The mat is also washable. Each rectangular shaped rack is composed of 100% polypropylene and measures 8-3/4 inches in length by 13 inches in width. Each rack has a lip on each of the ends that fits over the side of the mat and can slide back and forth along the mat as desired. |
| Reason: N/A |
| Ruling Date: Nov. 19, 2024 |
N343625: The tariff classification of glassware from China
| HTS: 7013.37.2090, 9903.88.15, 22.5% + 7.5%, “Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…Other drinking glasses, other than of glass ceramics: Other: Other: Valued over thirty cents but not over three dollars each.: Other.” |
| Item: A drinking glass with a tapered bottom and is printed on the front with “Bluey” characters. It has a red polypropylene plastic straw with a silicone red balloon shaped straw cover and a silicone light blue lid with an attached polyvinyl chloride (PVC) character topper of “Bluey and Bingo” hugging. The glass measures approximately 5.75 inches high and has a diameter of 3.46 inches at its widest point. The item is composed of clear transparent soda lime glass. The glassware item is not specially tempered glass – i.e., glass that has not been both pressed and toughened. The unit value of the glass is over thirty cents but not over three dollars.The subject glassware is composed of different components (glass, polypropylene, silicone, polyvinyl chloride, and vinyl) and is considered a composite good. |
| Reason: In the case of the subject glassware, the glass predominates in value and weight over the polypropylene, silicone, polyvinyl chloride, and vinyl. Additionally, the glassware is primarily used to hold beverages and drink from. Therefore, the glass component provides the essential character of this item. |
| Ruling Date: Nov. 19, 2024 |
N343684: The tariff classification of footwear from China or Vietnam
| HTS: 6404.19.9060, 9903.88.15, 9% + 7.5%, footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: other: other: valued over $12.00/pair: for women. |
| Item: A closed toe/closed heel woman’s, slip-on shoe. The external surface area of the upper consists of man-made textile material and has an athletic-style appearance. It does not cover the ankle and has a short lace that is threaded through six pairs of eyelets on either side of the tongue. The tongue is secured by elastic gore on either side of the foot. Because the ends of the lace cannot be tied together, and the tongue is secured with elastic gore, the shoe is a slip-on and is not considered athletic footwear. The rubber/plastics outer sole has textile flocking covering one hundred% of the external surface area in contact with the ground. The shoe has a foxing-like-band that secures the upper to the outer sole. The rubber/plastics components comprise over 10% of the total weight of the shoe. The shoe has an F.O.B. value of $12.01 per pair. |
| Reason: N/A |
| Ruling Date: Nov. 19, 2024 |
N343821: The tariff classification of children’s magnifying glasses from China
| HTS: 9013.80.2000, 9903.88.03, 6.6% + 25%, “Liquid crystal devices not constituting articles provided…other optical appliances and instruments, not specified or included elsewhere in this chapter; other devices, appliances and instruments; Hand magnifiers, magnifying glasses, loupes, thread counters and similar apparatus.” |
| Item: Children’s magnifying glasses featuring a wooden frame and handle paired with a 5X magnification lens made of plastic. The 6.75 inch magnifying glasses are available in three distinct styles featuring decorative designs inspired by rainbow, space, and flower themes. The magnifying glasses are intended to be used by children ages 2 and up to explore and observe plants, insects, letters and other objects. |
| Reason: N/A |
| Ruling Date: Nov. 19, 2024 |
N343957: The tariff classification of a doll hair net from China
| HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: A “toy doll hair net,” intended to maintain the American Girl doll’s wig shape and hairstyle during shipping. The hair net is composed of 100% nylon warp knit fabric. It features a one-millimeter elasticized band around the outer edge which facilitates holding the net onto the doll’s head. The hair net measures 5 ½ inches in length by 3 ½ inches in width. 500 hair nets are packaged together in a polybag and will be shipped to the United States without a doll. The hair net will be discarded once the doll is removed from its packaging. |
| Reason: N/A |
| Ruling Date: Nov. 19, 2024 |
N343508: The tariff classification of Gateway devices from France and China
| HTS: 8517.62.0020, 9903.88.04, free + 25%, “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 than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: 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: Switching and routing apparatus” |
| Item: The first item is the Browan Minihub Pro Gateway which has a country of origin of China. The Browan Minihub Pro Gateway functions as a Long Range Wide Area Network (LoRaWAN) gateway, providing connectivity for Internet of Things (IoT) devices. It serves as a bridge between devices like sensors and the internet.The second item is the Kerlink Wirnet iFemtoCell which has a country of origin of France. This device is a gateway designed for LoRaWAN networks. It is designed for indoor environments and primarily used for smart buildings, smart cities, and industrial IoT.The third item is the Tektelic KONA Micro IoT Gateway which has a country of origin of China. The KONA micro IoT Gateway is designed for enterprise and lightweight industrial applications that require “Always On” connectivity. Configured with an internal 3G/4G modem and a built-in battery backup, the KONA Micro IoT gateway continues to operate and transmits sensor data to the network even when the main site has lost power. |
| Reason: N/A |
| Ruling Date: Nov. 18, 2024 |
N343636: The tariff classification of a plastic socket panel from China
| HTS: 3926.90.9989, 9903.88.15, 5.3% + 7.5%, “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” |
| Item: A fiber optic socket panel, made of polyvinyl chloride (PVC) and polycarbonate (PC) plastic that measures approximately 8.5 inches by 5.5 inches. This socket panel will be used to securely hold a router and manage fiber optic cables. This article is intended to be installed onto a wall and lacks any electrical components. |
| Reason: N/A |
| Ruling Date: Nov. 18, 2024 |
N343680: The tariff classification and country of origin of an inverter pool pump
| HTS: 8413.70.2015, free, Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Other centrifugal pumps: Other: Other: Single-stage, single-suction, close-coupled: With discharge outlet 5.08 cm or over in diameter. |
| Item: An inverter pool pump used for swimming pool water circulation and filtration. The pump is non-submersible and categorized as a centrifugal, single-stage, single-suction, close-coupled pump. It features an integrated filter and a push-button digital control interface. Additionally, it is neither fitted nor designed to be fitted with a measuring device. Its material composition varies by component and includes but is not limited to polycarbonate/acrylonitrile butadiene styrene (PC/ABS), polyvinyl chloride (PVC), aluminum alloy, and other plastics reinforced with glass fiber (i.e., glass-filled polypropylene, or PP+GF).During operation, water in the pump is thrown outward under the action of centrifugal force generated by high-speed rotation of the impeller. Simultaneously, a vacuum forms at the horizontal inlet which pulls additional pool water in to replenish space under external atmospheric pressure. The drawn-in water moves to the impeller and is forcefully thrown outward to a guide vane and directed to a vertical discharge outlet of approximately six centimeters in diameter. The continuous cycle of suction and discharge results in the circulation of swimming pool water. |
| Reason: The product’s core components are manufactured in Thailand, including the cover, the body, the impeller, and the motor. The assembly of the Thai origin components and the four Chinese origin components in Thailand constitutes a substantial transformation because the individual components lose their separate identities and become a new article, i.e., a centrifugal pump. As such, the country of origin of the inverter pool pump will be Thailand. Therefore, the inverter pool pump will not be subject to Section 301 remedies. |
| Ruling Date: Nov. 18, 2024 |