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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N344203: The country of origin of color motion lighting sets
| Origin: Cambodia |
| Item: The merchandise is identified as the Gemmy’s Color-Motion series. They are decorative lighting strings that create dynamic, multicolor displays. Each set typically features 8 to 24 LED lights enclosed within icicle-shaped lamp covers in varying lengths, capable of producing multiple lighting effects, including color transitions and motion patterns. The finished Color-Motion series products are assembled using a printed circuit board assembly (PCBA), Taiwanese-origin LEDs, and the “main structure” i.e., the light string structure. The PCBA components are sourced from China and Taiwan, and the PCBA is manufactured in Cambodia, including soldering to form connection and making it ready for integration into the finished product. The operation uses the SMT (surface mount technology) process. The SMT process involves mounting the various electronic and electrical components onto the bare PCB (printed circuit board). The LED light lamp covers are sourced from Taiwan, and the light string is manufactured in Cambodia. Aside from the three components (i.e., fuses, fasteners, and tin wires) that originate from China, all components of the light string including control boxes, injection molded lamp holders, copper sheets inside the lamp holders, electrical wires, etc., are produced in Cambodia. The subassembly of the LED light strings also takes place in Cambodia, starting with cutting electrical wires to specified lengths and stripping the ends to prepare them for connection. LED lamps are then attached to the lamp holders, evenly spaced, and secured in position using clips or adhesives by design specifications. Once assembled, the LED light string is connected to the control box containing the PCBA, which controls the lighting effects and patterns, creating the finished Color-Motion LED light string. Finally, in Cambodia, the finished product undergoes defect inspection, are packaged with the necessary accessories, and are prepared for distribution. |
| Reason: A significant number of parts and components are produced in Cambodia, the manufacturing process, including the making of PBCAs via SMT process and the making of plastic parts through plastic molding process, is considered sufficiently “complex and meaningful”, in which the non-Cambodian origin components are substantially transformed in Cambodia when they are used in the production of the color motion lighting sets. The manufacturing process does create a new and different article of commerce with a distinct character and use that is not inherent in the components imported into Cambodia. Therefore, the country of origin of the color motion lighting sets is Cambodia, China Section 301 remedies do not apply. |
| Ruling Date: Dec. 16, 2024 |
N344213: The tariff classification of Doxorubicin Hydrochloride Liposomal Injection in dosage form, from India
| HTS: 3004.20.0075, 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: Other.” |
| Item: Doxorubicin Hydrochloride Liposomal Injection, imported in dosages of 2 mg/mL vials, is a cytotoxic anthracycline antibiotic. It is indicated for the treatment of various cancers, including AIDS-associated Kaposi's Sarcoma and metastatic cancers. |
| Reason: N/A |
| Ruling Date: Dec. 16, 2024 |
N344404: The tariff classification of textile baskets 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: Four varieties of textile baskets designed and intended to be used as decorative storage containers in the home. The open top, rectangular-shaped baskets are composed of 100% polyester woven, dyed navy fabric on the exterior surface and lined with a 100% polyester woven fabric. |
| Reason: N/A |
| Ruling Date: Dec. 16, 2024 |
N344446: The tariff classification of balloon bag 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: The “Drawstring Mesh Balloon Bag,” is a textile bag intended to be used to store air/helium filled balloons. The bag is composed of a 100% polyester knitted mesh, dyed white, fabric. The rectangular bag measures 60 inches in length by 38 inches in width and is loosely sewn with a single straight-line stitch on three sides. The opened end is hemmed and features a braided drawstring closure. The bag will be sold as a single item or given away with the purchase of air/helium filled balloons at a Party City retail store. |
| Reason: N/A |
| Ruling Date: Dec. 16, 2024 |
N344469: The tariff classification of Glitter Mist Spritz and Glitterbug Set from the United Kingdom
| HTS: (1) 3305.90.0000, free, “Preparations for use on the hair: Other.” (2) 3304.99.5000, free, “Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other.” |
| Item: The Glitter Mist Spritz (1) is packaged for retail sale in a 250g spray bottle. It is applied on the skin or hair to provide moisture, fragrance and shimmer. Its primary function is to provide glitter to the hair and body. The Glitterbug Set (2) is retail packaged and includes five moisturizing cocoa butter-based glitter bars in pink, green, gold, blue and purple. The bars are used to decorate the skin with shimmer. |
| Reason: N/A |
| Ruling Date: Dec. 16, 2024 |
N344561: The tariff classification of tabletop fire pits from China
| HTS: 6810.99.0080, 9903.88.03, free + 25%, “Articles of cement, of concrete or of artificial stone, whether or not reinforced: Other articles: Other: Other.” |
| Item: Two Tabletop Fire Pits which measure approximately 5 inches in diameter by 4.5 inches high at their widest points. Both consist of a painted cement outer body which houses a removable stainless steel inner lining, and are each packaged with an iron snuffer. The cement body of item number one is hexagonal in shape, while the cement body of item number two features multiple vertical ridges. In use, the stainless steel inner lining is placed in the cement body. It is filled with isopropyl alcohol, which is then lit using a long-handled lighter. After use, the iron snuffer is placed over the Tabletop Fire Pit to extinguish the flames. |
| Reason: The cement component provides the essential character of the fire pits. The Tabletop Fire Pit and the iron snuffer meet the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The Tabletop Fire Pit provides the essential character of this set. |
| Ruling Date: Dec. 16, 2024 |
N338202: The tariff classification of three tote bags from China
| HTS: 4202.92.3305, 9903.88.03, 17.6% + 25%, travel, sports and similar bags, with outer surface of textile materials, of paper yarn. |
| Item: Three tote bags which are constructed with an outer surface of twisted/rolled paper yarns. This construction is considered to be a textile material for tariff purposes. The bags are designed and sized to provide storage, protection, organization, and portability to personal effects during travel. Each article features an open top and two handles. |
| Reason: N/A |
| Ruling Date: Dec. 13, 2024 |
N344047: The Tariff Classification and Country of Origin of Inulin Powder
| HTS: 1108.20.0000, 2.6%, “Starches; Inulin: inulin.” |
| Origin: South Korea |
| Item: The subject merchandise is Inulin Powder made of chicory extract powder which will be exported from China to South Korea. In South Korea, the product will undergo hot water dissolution, extraction, filtration, purification, themeric treatment, spray drying, then sieving to allow the finished product to meet food grade standard. The resultant Inulin Powder will be packed in 20-kilogram polyethylene bags for shipping to the United States. |
| Reason: The article is substantially transformed due to processing that is performed in South Korea. Accordingly, based on the information presented, the inulin is a product of South Korea. |
| Ruling Date: Dec. 13, 2024 |
N344081: The country of origin and applicability of Section 301 remedies regarding a vacuum pump
| Origin: Thailand |
| Item: The item for consideration is a vacuum pump designed for users to attach hoses or fittings for efficiently extracting air or gases from sealed systems. The subject pump consists of nine functional component groups: motor, printed circuit board assembly (PCBA), housing, bottom plate, bottle oil, oil tank, pump body, air intake module, and other components. The integrated motor powers the pump by converting electrical energy into mechanical rotation to create a vacuum. The created vacuum facilitates the movement of fluids or gases through the system. The motor is comprised of several sub-components. The stator and rotor are manufactured in Thailand, and the remaining components, including, but not limited to capacitors, a fan, fasteners, springs, and seals are manufactured in China. |
| Reason: The stator and rotor are manufactured in Thailand and assembled with other Thai and Chinese components to complete a finished vacuum pump. Although the articles imported from China do not undergo a physical change, the assembly operations in Thailand are more complex than simple assembly. In total, there are various distinct assembly steps that require a level of precision that goes beyond simple assembly.The sum of the manufacturing of the stator and rotor and the final assembly operations that produce a motorized pump in Thailand constitutes a substantial transformation. The individual components lose their separate identities and become a new article, i.e., vacuum pump. As such, the country of origin for Section 301 purposes is Thailand. Therefore, the vacuum pump is not subject to additional duties pursuant to Section 301 upon importation into the United States. |
| Ruling Date: Dec. 13, 2024 |
N344257: The tariff classification of a candle holder from China
| HTS: 9405.50.4000, 9903.88.03, 6% + 25%, “Luminaires and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: Non-electrical lamps and lighting fittings: Other: Other.” |
| Item: A "Glass taper candle holder." The candle holder is constructed of light brown colored glass and measures approximately 4.08 inches in height by 3.15 in diameter. It consists of a flared base connected to a globe in the middle with a circular receptacle atop designed to hold a taper candle securely. The candle can be placed on any flat surface. |
| Reason: N/A |
| Ruling Date: Dec. 13, 2024 |