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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N339873: The tariff classification of a rubberized textile tape from China
| HTS: 5906.10.0000, 9903.88.03, 2.9% + 25%, “Rubberized textile fabrics, other than those heading 5902: Adhesive tape of a width not exceeding 20 cm…” |
| Item: A utility grade duct tape with a wide variety of uses. The duct tape is a plain-woven fabric composed wholly of polyester that is coated, covered, impregnated, or laminated on both surfaces. The face layer consists of polyethylene and the backing layer is a rubber adhesive. The total weight of the duct tape is 164.4 g/m2. |
| Reason: N/A |
| Ruling Date: Nov. 25, 2024 |
N343615: The tariff classification of Oxaliplatin from Germany
| HTS: 2843.90.0000, free, Colloidal precious metals; inorganic or organic compounds of precious metals, whether or not chemically defined; amalgams of precious metals: Other compounds; amalgams. |
| Item: An organic precious metal compound in liquid form, mixed with water. Oxaliplatin is a platinum-based chemotherapy agent used to treat carcinoma of the colon, rectum, or stage III colon cancer via intravenous infusion. This product will be imported into the United States in injectable 50mg and 100mg vials in retail form. This product’s formulation is 5% Oxaliplatin and 95% water, its IUPAC naming is [(1R,2R)-cyclohexane-1,2-diamine](ethanedioato-O,O’)platinum(II), and its chemical formula is C8H14N2O4Pt. This product is a single compound in aqueous solution; there are no other excipients or active ingredients in the formulation. |
| Reason: N/A |
| Ruling Date: Nov. 25, 2024 |
N343679: The tariff classification of Lidocaine Hydrochloride Injection in dosage form, from India
| HTS: 3004.90.9242, 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: Other: Other: Dermatological agents and local anesthetics: Containing lidocaine or its salts.” |
| Item: Lidocaine Hydrochloride Injection, imported in dosage vials of 200 mg/20 mL, 400 mg/20 mL, 500 mg/50 mL and 1000 mg/50 mL, is a local anesthetic. It is indicated for production of local or regional anesthesia by infiltration techniques such as percutaneous injection and intravenous regional anesthesia by peripheral nerve block techniques. |
| Reason: N/A |
| Ruling Date: Nov. 25, 2024 |
N343690: The country of origin of galvanized angular steel sheets
| HTS: 7216.91.0090, free, Angles, shapes and sections of iron or nonalloy steel: Other: Cold-formed or cold-finished from flat-rolled products, Other. |
| Origin: Brazil |
| Item: Nonalloy steel angular sheets to be used in roofing. The product is made of nonalloy steel coils from Brazil. The steel is melted and poured in Brazil and manufactured into flat-rolled coils, which are hot-dipped galvanized and coated with a plastic paint. The nonalloy steel coils are shipped to Mexico where the coil is fed into a roll type machine and formed into angular profile sheets. The sheets are cut into various lengths as indicated by the purchaser’s requirements. |
| Reason: Nonalloy steel coils classified in heading 7210 are sent to Mexico where they are manufactured into steel sheets classified in heading 7216. As such, the tariff shift requirement is not met. Therefore, the steel sheets are not eligible for preferential treatment under the USMCA. Regarding the finished steel sheets, pressing and cutting the coils into ribbed angular sheets are basically finishing operations of the nonalloy steel coil and do not constitute a substantial transformation in Mexico. Therefore, the country of origin of the steel sheets will be Brazil. |
| Ruling Date: Nov. 25, 2024 |
N343725: The tariff classification of Semaglutide (CAS No. 910463-68-2) in bulk powder form, from Taiwan
| HTS: 2937.19.0000, free, “Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof, including chain modified polypeptides, used primarily as hormones: Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues: Other.” |
| Item: Semaglutide, imported in bulk powder form, is a glucagon-like peptide 1 receptor agonist. It is used to improve glycemic control in type 2 diabetes mellitus, treat obesity, and reduce the risk of major adverse cardiovascular events in selected adults. |
| Reason: N/A |
| Ruling Date: Nov. 25, 2024 |
N343776: The tariff classification of roasting sticks from China
| HTS: 8215.99.2400, 9903.88.15, .3¢/each + 4.5% + 7.5%, “Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof: other: other: forks: other: other: table forks (including table serving forks) and barbecue forks with wooden handles.” |
| Item: Each barbecue fork features two tines which, along with the neck, are constructed from stainless steel. The handle is made from rubber wood and there is a plastic cap between the handle and the neck of the fork. They have telescoping necks. These forks are intended to be used to roast marshmallows. |
| Reason: N/A |
| Ruling Date: Nov. 25, 2024 |
N343782: The tariff classification of bag charm from China
| HTS: 7117.19.9000, 9903.88.15, 11% + 7.5%, “Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” |
| Item: The "Bag Charm." It is composed of various base metal elements including chains, a lobster claw, rings, a heart charm, and a flower charm. It also includes a woven polyester bow, and a bow made of faux pearls made of plastic. Metal predominates by weight and cost. It is designed to attach to and decorate a handbag. |
| Reason: N/A |
| Ruling Date: Nov. 25, 2024 |
N343922: The tariff classification of a Generator Interlock Kit from China
| HTS: 7616.99.5190, 9903.99.03, 2.5% + 25%, Other articles of aluminum: Other…Other. |
| Item: A Generator Interlock Kit. The kit includes an aluminum interlock plate, a steel drill bit, a polyethylene zip-tie, stainless steel bolts, stainless steel nuts, and an instruction sheet that are packaged together for retail sale at the time of importation into the United States. The interlock kit is described as a device that is designed to allow safe powering of a home by a portable generator during a power outage. |
| Reason: The plate imparts the essential character to the General Interlock Kit. In accordance with GRI 3(b), the Generator Interlock Kit will be classified in heading 7616, which provides for other articles of aluminum. |
| Ruling Date: Nov. 25, 2024 |
N343951: The tariff classification and marking of calcium hypochlorite from China
| HTS: 2828.10.0000, 9903.88.03, 2.4% + 25%, Hypochlorites; commercial calcium hypochlorite; chlorites; hypobromites: Commercial calcium hypochlorite and other calcium hypochlorites. |
| Item: The subject product, calcium hypochlorite (CAS # 7778-54-3), is an inorganic compound with the chemical formula Ca(ClO)2, in white solid form. This product is also known as bleaching powder and is commonly used as a disinfectant. The calcium hypochlorite dissolves quickly and is effective in a variety of applications, including as a bactericide, deodorant, disinfectant, aquaculture treatment, oxidizing agent, bleaching agent, and household disinfectant. |
| Reason: Due to the nature of the subject product, the calcium hypochlorite container, if conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 with “Country of Origin China or “Product of China” is an acceptable country of origin marking for the imported calcium hypochlorite. |
| Ruling Date: Nov. 25, 2024 |
N343965: The classification of wood table legs from Vietnam
| HTS: 9403.91.0080, free, “Other furniture and parts thereof: Parts: Of wood: Other.” |
| Item: The article, a set of two “X”-shaped table legs with a horizontal mounting surface, is designed to be placed at either end of a large table. They are made of engineered acacia wood beams, measure approximately 27.8" (L) x 3.4" (W) x 29" (H), and have a hardwax finish. The table legs will be imported without a tabletop, and will be sold online where they can be purchased with or without a tabletop. They are made in Vietnam. |
| Reason: N/A |
| Ruling Date: Nov. 25, 2024 |