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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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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

N344645: The tariff classification of an exercise bench from China

HTS: 9506.91.0030, 9903.88.15, 4.6% + 7.5%, "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; parts and accessories thereof: Other: Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof...Other.”
Item: The ZIVA F-I-D exercise bench which is adjustable from -10 to +80 degrees to accommodate a wide range of chest, shoulder, back, and core exercises. It features a high-density foam padded backboard that sits on a solid foundation of steel tubing for safety and stability. Its dimensions are 53.4” x 20.9” x 18.8” and it weighs 54 lbs.
Reason: N/A
Ruling Date: Jan. 2, 2025

N344657: The country of origin of an Ignition Coil assembled in Vietnam from Chinese components

Origin: Vietnam
Item: An ignition coil which is completely assembled, with all subassemblies manufactured in Vietnam. The Ignition Coil is for an automotive engine, which is used to provide electrical energy to the spark plugs. This product includes a plastic housing, copper wire, plastic skeleton, iron core, module, and rubber boot.
Reason: The Ignition Coil’s components and subassemblies are substantially transformed during the manufacturing process in Vietnam and thus that the country of origin of the complete Ignition Coil for an automotive engine is Vietnam for marking purposes and for purposes of applying trade remedies under Section 301, as amended, from China.
Ruling Date: Dec. 31, 2024

N344739: The tariff classification of a bag charm

HTS: 7116.20.0500, 3.3%, “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece: Other.”
Item: The merchandise under consideration is a bag charm. It includes five charms, connected with a base metal chain and a lobster hook. All of the charms are composed of base metal. One of the charms includes a stone of glass over mother of pearl, another includes glass stones and, lastly, one charm includes a cubic zirconia (CZ) stone.
Reason: N/A
Ruling Date: Dec. 31, 2024

N344425: The classification and country of origin of “Completely Knocked Down (CKD)” bicycles from Malaysia

HTS: 8712.00.15 or 8712.00.35 (depending on the diameter of the wheel), 11%, “Bicycles and other cycles (including delivery tricycles), not motorized.”
Origin: Malaysia
Item: “Completely Knocked Down” bicycles (which comprise of unassembled bicycle components) are shipped from Malaysia and assembled in the United States. The bicycle frames will be made in Malaysia and many of the other bicycle components, such as suspension forks, drive train parts, cranks, seats, and wheels, will be from other countries, including China.
Reason: The bicycle frame, made in Malaysia, determines the country of origin of the CKD bicycle, even though many of the other components are of Chinese origin. Since one of the bicycle’s most significant components, the frame, is made in Malaysia, the country of origin of the CKD bicycle is Malaysia.
Ruling Date: Dec. 30, 2024

N344666: The tariff classification of a novelty hat from China

HTS: 6505.00.6090, 9903.88.03, 20¢/kg + 7% + 25%, “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid: Other: Other: Other.”
Item: A "construction cone hat,” which is a conical-shaped hat, constructed of 100% polyester knit fabric. The cone hat resembles the shape of a traffic cone, narrowing from a broad base to a pointed top. The hat features vibrant orange and white colors that glow in the dark and a square black brim at the base.
Reason: N/A
Ruling Date: Dec. 30, 2024

N344318: The country of origin of a digital tape measure

Origin: China and Thailand
Item: The TlM Utility Tape Measure, which is a digital tape measure that provides an electronic measurement reading in addition to a standard manually read tape. The device has Bluetooth capability and mobile phone application integration as well as electronic measurement data storage. The tape measure has a manual tape measure reel/spring/blade/magnet assembly, as well as a set of four printed circuit board assemblies (PCBAs) that run and govern the digital function of the device. The electronics interpret a printed reading (similar to a barcode pattern) on the bottom of the tape reel using a series of LEDs and photodiodes to generate a signal correlating to a specific position. This position is both error-checked as well as interpreted into a linear measurement (based on both incremental and absolute position reading) and then displayed to the user on an LCD screen. Measurements can then be saved to system memory as well as sent over Bluetooth to the accompanying mobile app. There are three manufacturing scenarios. In the first scenario, each of the PCBAs will be fully manufactured in Vietnam and sent to China for assembly into the finished tape measure. All other components, including the tape reel/spring/blade/magnet assembly, will be manufactured in China. The final assembly of the reader module and digital tape measure will occur in China. In the second scenario, the tape reel/spring/blade/magnet assembly will be manufactured in Thailand, while all other components, including the PCBAs, will be manufactured in China. Final assembly of the reader module and digital tape measure will occur in China. In the third scenario, the PCBAs are manufactured in Vietnam and the tape reel/spring/blade/magnet assembly will be manufactured in Thailand, while all other components will be manufactured in China. Final assembly of the reader module and digital tape measure will occur in China.
Reason: While the PCBAs are important for enhancing the features of the tape measure, it is the marked tape itself which provides the immediate measurement determination and is therefore the essential component. The display will “check” that the measurement is correct, however, the accuracy of the user reading the tape should be the same as the digitally displayed version. The additional functionality, such as the saved readings, center finding and countdown, are nice features to have, but are not the essential component of the device. Once the manually read tape is populated with the numbers, allowing the tape measure to act as a measuring device, it becomes a new and different article. The connection of the PCBAs and LED screen provides additional features but only enhance the ability to measure in different ways. It does not change the primary function of the tape measure, which is to measure distance. In view of these facts, the country of origin for scenario one will be China, which is where the tape reel/spring/blade/magnet assembly and final assembly is conducted. The country of origin for scenario two will be Thailand, which is where the tape reel/spring/blade/magnet assembly is produced. While the final assembly is conducted in China, the assembly is simple and only requires putting together the components that have already been constructed. Finally, in scenario three, the country of origin will be Thailand, which is where the tape reel/spring/blade/magnet assembly will be sourced from.
Ruling Date: Dec. 27, 2024

N344483: The tariff classification of metals containers from China

HTS: 7310.29.0065, 9903.88.03, free + 25%, “Tanks, casks, drums, cans, boxes and similar container, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Other: Other: Other.”
Item: “Pocket Boxes” which are a series of tin-plated steel sheet metal containers with hinged lids. The containers have no internal compartments, and the lids are not removeable. The rectangle shaped containers are of a capacity not exceeding 300 liters, will be imported empty, are not fitted with mechanical or thermal equipment, and are not dedicated for use in the home. Color printed text, landscapes, and animal graphics are illustrated throughout the containers and the lids. The dimensions for each container approximate .75” in height, 4.25” in width, and 3” in depth. The intended use of the pocket box is for general container storage. At the time of U.S. importation, the containers will be packaged 180 units per carton.
Reason: N/A
Ruling Date: Dec. 27, 2024

N344603: The tariff classification of Methenamine Hippurate Tablets in dosage form, from India

HTS: 3004.90.9214, 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: Anti-infective medicaments: Other.”
Item: Methenamine Hippurate, imported in 1 gram tablets, is a urinary tract antiseptic and antibacterial drug. It is used for the prophylaxis and treatment of frequently recurring urinary tract infections requiring a long-term therapy.
Reason: N/A
Ruling Date: Dec. 27, 2024

N344735: The tariff classification of Dalbavancin Hydrochloride (CAS No. 2227366-51-8) in bulk powder form, from Taiwan

HTS: 2941.90.3000, free, “Antibiotics: Other: Other: Aromatic or modified aromatic.”
Item: Dalbavancin Hydrochloride is a second generation lipoglycopeptide antibiotic. It is indicated for the treatment of patients with acute bacterial skin and skin structure infections (ABSSSI) caused by designated susceptible strains of gram-positive microorganisms.
Reason: N/A
Ruling Date: Dec. 27, 2024

N344795: The tariff classification of Omeprazole (CAS No. 73590-58-6) in bulk powder form, from Croatia

HTS: 2933.39.4100, free, “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.”
Item: Omeprazole is in a class of medications called proton-pump inhibitors and works by decreasing the amount of acid made in the stomach. It is used to treat GERD associated conditions such as heartburn and gastric acid hypersecretion, and to promote healing of tissue damage and ulcers caused by gastric acid and H. pylori infection.
Reason: N/A
Ruling Date: Dec. 27, 2024