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:
Sign up for a free preview to unlock the rest of this article
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.
N345902: The classification of a bun pan rack and a dunnage rack from China
| HTS: 9403.20.0082, 9903.88.03, 9903.01.20, free + 25% + 10%, “Other furniture and parts thereof: Other metal furniture: Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures: Steel racks, other than those described in statistical reporting number 9403.20.0075.” |
| Item: Item 1, the Rack Bun 18 Cap 68" Knocked Down, is an aluminum bun pan rack designed to hold up to 18 removable shelves (bun pans). The item measures 26" (L) x 20 1/4" (W) x 67 3/4" (H) and has four swivel casters. The rack is used in commercial kitchens for mobility and storage. The item is made in China. Item 2, the Rack Dunnage Welded Alum, is a welded aluminum dunnage rack made of square tubes with vertical square tube legs, one at each corner. The item measures 36" (L) x 18" (W) x 12" (H) and is designed to hold up to 2,000 lbs. of food or equipment off the ground in commercial kitchens. It is made in China. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2025 |
N345916: The tariff classification of a Christmas decoration from China
| HTS: 9505.10.2500, 9903.01.20, free + 10%, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Item: An item identified as Blow Mold deer and baby deer, which consists of a battery-powered, illuminated plastic decoration depicting an adult deer wearing a red collar and a Santa hat trimmed with holly leaves and berries standing next to a baby deer. The ornamental article features LED lighting inside to enhance the visual appeal of the item. There is an ON/OFF switch and timer feature located on the battery case. The decoration measures approximately 16.93" (L) x 8.86" (W) x 28.15" (H). The article will be marketed and sold only as a decoration for Christmas. |
| Reason: N/A |
| Ruling Date: Feb. 25, 2025 |
N345504: The country of origin marking of prescription eyeglasses
| Marking: Acceptable |
| Item: The proposed marking is to have "Made in China" on the outer container for imported prescription eyeglasses. Keralink will import prescription eyeglasses directly to the customer from China. The eyeglasses are individually packaged within a cardboard box. The box is marked with the name of the company and on the lower left-hand corner of the top of the box the words “Made in China” are printed. No other country is referenced in any way on the box. Additionally, the prescription eyeglasses themselves are not marked with a country of origin, either in etching or through a hangtag or sticker. |
| Reason: The prescription eyeglasses will be provided directly to the ultimate customer in the referenced box. Further, the marking suggested on the outermost container is sufficiently legible, indelible, permanent, and conspicuous to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The suggested marking of “Made in China” on the box as detailed in the photographs, is acceptable. |
| Ruling Date: Feb. 24, 2025 |
N345818: The tariff classification of an electric motor from China
| HTS: 8501.31.4000, 9817.00.96, 4%, "Electric motors…: Other DC motors…: Of an output not exceeding 750W: Motors: Exceeding 74.6 W but not exceeding 735 W." |
| Item: The merchandise under consideration is the DC Electric Motor, Model HT-POG45A, which is a 120 Watt electric motor that is specially designed for motorized wheelchair ramp incline systems. The incline system uses two of the subject motors in tandem to haul occupied wheelchairs up access ramps. The subject motor is dedicated for use with the ramp incline assist system by employing a customized D-Shaft that will only work with the system. |
| Reason: N/A |
| Ruling Date: Feb. 24, 2025 |
N345952: The tariff classification of a chlorine dispenser and a thermometer from China
| HTS: (1) 9506.99.5500, 9903.88.15, 9903.01.20, 5.3% + 7.5% + 10%, “Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: Other: Other: Swimming pools and wading pools and parts and accessories thereof.” (2) 9025.11.4000, 9903.01.20, free + 10%, “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Thermometers and pyrometers, not combined with other instruments: Liquid-filled, for direct reading: Other.” |
| Item: The first item under consideration is a floating chlorine dispenser in the shape of a boat with a white twist off cylinder attached underneath. In operation, the user fills the plastic cylinder with separately imported chlorine tablets and then places the dispenser into the swimming pool. While floating, the boat allows the tablets to dissolve just below the surface of the water. Once the tablets are fully dissolved, the user inserts new tablets. The second item under consideration is a floating thermometer with a plastic iceberg on the top. In operation, the user places the thermometer into the swimming pool, which then floats on the surface and reads the temperature of the water. The thermometer is a liquid filled thermometer that provides temperature readings in both Fahrenheit and Celsius. There is a small rope that can be attached from the top of the thermometer to the above-mentioned floating chlorine dispenser, keeping them in close proximity to one another. |
| Reason: N/A |
| Ruling Date: Feb. 24, 2025 |
N345395: The tariff classification and marking of a Bluetooth tracking beacon from China
| HTS: 8517.69.0000, 9903.88.03, 9903.01.20, free + 25% + 10%, “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…: Other apparatus for transmission or reception of voice, images or other data…: Other.” |
| Item: The item concerned is the Averia Beacon. This device is a Bluetooth transmitter designed for use both indoors and outdoors. The Averia Beacon is an accessory to the Averia Pet Collar (pet tracking/smart collar). It acts as a positioning device, allowing the Averia Collar to monitor a pet’s location/behavior. Customizable radius settings notify users of the dog’s proximity to these areas. The Beacon consists of a printed circuit board assembly (PCBA) which incorporates a Bluetooth radio module, a button battery, an internal antenna, a set of temperature sensors and magnets enclosed in a plastic housing. The magnets allow for easy attachment to metal surfaces. The device measures approximately 63.4mm x 63.4mm x 10.3mm with a total weight of 30 grams. The Beacon is used in conjunction with the Averia Collar (pet collar), which is a tracking device worn by the pet. The collar is able to communicate with the user’s smartphone via a proprietary application. The Beacon is a stationary device that, in use, would be mounted/placed in a specific location such as near a food bowl, bed or other areas. When a pet comes within close proximity to a Beacon, their collar receives a Bluetooth transmission from the Beacon and sends the received data to the user’s smartphone. The user is then provided with comprehensive information, including the pet’s precise location, duration of stay at a given location, movement patterns, etc. The Averia Beacon is solely capable of transmitting Bluetooth signals and does not have the capability to receive them. |
| Reason: The Averia Beacon’s cardboard packaging indicates the phrase “Made in China” appearing on the side panel. The proposed marking of the Averia Beacon, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking. |
| Ruling Date: Feb. 13, 2025 |
N345404: The tariff classification of tablets from China and Vietnam
| HTS: 8471.30.0100, 9903.01.20, free + 10%, “Automatic data processing machines and units thereof; Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard, and a display.” |
| Item: The merchandise under consideration is the ReMarkable 2 and the ReMarkable Paper Pro. Both devices are computing tablets that incorporate a processor, system memory, internal storage, a touch surface, a display, Wi-Fi connectivity, a USB-C port, and operate on a Linux-based operating system. The ReMarkable 2 is manufactured in China, while the ReMarkable Paper Pro is manufactured in Vietnam. The tablets, which are imported into the United States with a stylus pen, weigh approximately 1 kg.In use, the tablets function as portable personal electronic devices that allow users to take notes by hand, create documents, read and edit external documents, and perform several application specific data processing tasks. The devices have built in keyboards and via the USB/external connector additional automatic data processing (ADP) units can be connected. |
| Reason: The lamination process and cutting to shape transforms the Chinese fabric and faux leather into an identifiable automotive seat cover. Therefore, the country of origin of the universal-fit car seat cover will be Malaysia. |
| Ruling Date: Feb. 21, 2025 |
N345444: The country of origin of an automotive control arm
| Origin: Thailand |
| Item: The subject merchandise is as a Control Arm, which is used in passenger vehicles, such as a Jeep Compass. The control arm is a part of the automobile suspension system and connects the wheels to the body through ball joints or bushings to effectively absorb shocks and vibrations caused by uneven road surfaces. Its primary function is to ensure that the tires maintain constant contact with the road, providing traction, stability, and control. The control arm plays a crucial role in determining suspension geometry for precise steering, handling, and minimizing tire wear, and assists with managing the forces exerted during braking and acceleration. The control arm consists of a ball joint (composed of ball joint housing and ball stud), dust cover, clamping 1 and 2, bearing, protect cover, cover plate, bolt, thread protection sleeve, control arm body housing, nut, grease, and bushing E1 and E2. The ball joint housing, ball stud, and control arm body housing forged “blanks” are made in China from steel bars and imported to Thailand for further processing. The bushings from Brazil and the rest of the components from China are also imported to Thailand for final assembly into a complete control arm. |
| Reason: Although not finished, the ball joint components and control arm body housing are not clearly recognizable as parts of control arms. They undergo significant machining and drilling in addition to heat treatment that completely changes their physical state. As a result, the ball joint and control arm body housing are substantially transformed in Thailand. Since the ball joint imparts the character of the complete control arm, in previous rulings, the country of origin for the entire control arm will be Thailand for marking purposes. |
| Ruling Date: Feb. 21, 2025 |
N345473: The tariff classification of hardboard panels from Spain
| HTS: 4411.92.2000, free, “Fiberboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances: Other: Of a density exceeding 0.8 g/cm3: Other: Not surface covered (except for oil treatment).” |
| Item: The product under consideration is a smooth hardboard panel measuring 4’ wide by 8’ long and 6mm in thickness. The panel is made from the “wet production process” where wet wood fiber is compressed under high temperature and pressure to form a panel. Paraffin wax is mixed with the wet wood fiber to improve water-repellant properties. The instant panel is constructed of two 3mm-thick panels that have been glued together to form a 6mm-thick panel. The hardboard density is 1.001g/cm3. The panels are used to construct floors or stages in theaters. |
| Reason: N/A |
| Ruling Date: Feb. 21, 2025 |
N345477: The country of origin of Apremilast Tablets in dosage form
| Origin: Spain |
| Item: Apremilast, imported in 10 mg, 20 mg and 30 mg tablets, is a phosphodiesterase 4 (PDE4) inhibitor. It is indicated for the treatment of adults with active psoriatic arthritis and adults with oral ulcers associated with Behcet's Disease. Apremilast is also indicated for the treatment of adult patients with plaque psoriasis who are candidates for phototherapy or systemic therapy.The active pharmaceutical ingredient (API), Apremilast is manufactured in Spain and that the finished tablets in dosage form are made in India. In India, the Apremilast will be mixed with various inactive ingredients to produce the final tablets in dosage form. |
| Reason: In this case, the mixing of the active ingredient Apremilast (made in Spain) with the inactive ingredients into the final dosage tablets in India does not result in a substantial transformation and the country of origin will be Spain. |
| Ruling Date: Feb. 21, 2025 |