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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N348346: The tariff classification of Wedomine OPA-10AC-100 from China
| HTS: 3402.42.9000, 9903.01.24, 9903.01.32, 9903.88.03, 3.7% + 20% + 25%, “Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other organic surface-active agents, whether or not put up for retail sale: Non-ionic: Other: Other.” |
| Item: Wedomine OPA-10AC-100, CAS number 28701-67-9, which has a chemical name of Iso-Decyloxy Propyl Amine Acetate. Wedomine OPA-10AC-100 is a light-yellow clear liquid for use in gelation and wetting of various clays, fillers, fibers in organic coatings, sealants, paints, and resin. It is a non-ionic surface-active agent. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N348501: The tariff classification of a diaper pouch from Cambodia
| HTS: 4202.92.9100, 9903.01.25, 17.6% + 10%, “other containers and cases, with outer surface of sheeting of plastic or of textile materials, other, other, with outer surface of textile materials, of man-made fibers (except jewelry boxes of a kind normally sold at retail with their contents).” |
| Item: The “Diaper Changing Station,” is a diaper pouch. It is made of 88% nylon and 12% polyester, which are both man-made materials. The article is designed to provide storage, protection, portability, and organization to personal effects related to infant care during travel. It features a front flap and a button loop closure. The bottom features a zippered closure. The interior features two compartments. The article features a foldable diaper pad permanently affixed to the back of the pouch. The pad is secured with an elastic band. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N348563: The tariff classification of an unassembled plastic syringe with cap and spare barrels from China
| HTS: (Syringe) 3926.90.2100, 9903.01.24, 9903.01.25, 9903.88.15, 4.2% + 20% + 10% + 7.5%, “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [i]ce bags; douche bags, enema bags, hot water bottles, and fittings therefor; invalid and similar nursing cushions; dress shields; pessaries; prophylactics; bulbs for syringes; syringes (other than hypodermic syringes) and fittings therefor, not in part of glass or metal.” (Spare Barrels) 3926.90.9989, 9903.01.24, 9903.01.25, 9903.88.15, 5.3% + 20% + 10% + 7.5%, “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” |
| Item: The product under consideration is the components of an applicator used to apply a topical cream, specifically the barrel, plunger, and a protective cap. They are all made of plastic. These pieces will be imported into the United States for fluorination treatment and then afterward will be exported to Canada. These three parts will be imported in equal numbers and would be considered an unassembled plastic syringe. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N348722: The tariff classification of wood boards from Brazil
| HTS: (four-foot and six-foot) 4421.90.7040, 9903.01.25, free + 10%, “Other articles of wood: Other: Other: Pickets, palings, posts and rails, the foregoing which are sawn; assembled fence sections: Other.” (eight-foot) 4407.11.0046, 9903.01.25, free + 10%, “Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm: Coniferous: Of pine (Pinus spp.): Southern yellow pine (Loblolly pine (Pinus taeda)), long leaf pine (Pinus palustris), pitch pine (Pinus rigida), short leaf pine (Pinus echinata), slash pine (Pinus elliottii) and Virginia pine (Pinus virginiana): Rough.” |
| Item: The items under consideration are rough-sawn boards that are dog-eared at one end. The top two corners of each board are cut at a 45-degree angle. The boards are constructed of taeda pine (Pinus taeda) or Elliotis pine (Pinus elliotii). The boards measure approximately 5.5” wide by 0.6” thick by four feet, six feet, or eight feet in length. The boards are not treated with any preservatives, and are not finger-jointed or otherwise worked. The boards are not planed, sanded, finished, or otherwise worked. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N348729: The tariff classification of a smart locker from China
| HTS: 9403.60.8093, 9903.01.24, 9903.01.25, 9903.88.03, free + 20% + 10% + 25%, “Other furniture and parts thereof: Other wooden furniture: Other: Other: Other.” |
| Item: The subject article, identified as the Minnow Pod Q7, is a rectangular floor-standing wooden locker cabinet that will be used to temporarily store orders from food delivery services. The locker measures approximately 37" (W) x 25" (D) x 72" (H) (with the base) and approximately 31" (W) x 17" (D) x 70" (H) (without the base). It is made primarily from 3/4" thick marine-grade plywood and 3/4" thick medium density fiberboard (MDF). The locker comprises seven storage cubbies that measure approximately 13" (W) x 16" (D) x 15" (H). There is a touchscreen used to access each locked cubby door. Power is supplied from a cord extending from the back of the unit. The locker weighs 233 lbs. and is made in China. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N348789: The tariff classification of 3-dimensional plush toys from China
| HTS: 9503.00.0073, 9903.01.63, 9903.01.24, free + 20% + 10%, “Tricycles, scooters, pedal cars, and similar wheeled toys dolls, other toys puzzles of all kinds; parts and accessories thereof Children's products as defined in 15 U.S.C. 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: The plush toys are made of 100% polyester knit fabric and stuffed with polyester fiber fill. The MINIVERSE Cheeseburger measures 16” x 10” x 16” and consists of 3 pieces that Velcro to one another forming a complete plush character with felt sunglasses and a smile. The top portion is the “bun”, the middle is the “cheese, patty, lettuce, and ketchup,” followed by the bottom “bun” in a “SNACKY SNACK wrapper” made of felt. The MINIVERSE Happy Shrimp measures 19” x 7” x 10” and consists of 3 pieces that Velcro to one another forming a complete plush toy depicting a shrimp sushi roll. The top portion is the “shrimp,” the middle is a rice character with an embroidered smiling face, and both are wrapped in a fabric “seaweed” printed with the phrase “100% GOOD STUFF.” Both plush toys are principally designed for the amusement of children 3 years of age and older. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N348827: The country of origin of patch cord assemblies
| Origin: U.S. |
| Item: The merchandise under consideration is five models of a fiber optic patch cord assembly. The subject assemblies are further described as fiber optic cables that consist of a fiber optic core, which consists of 12, 24, or 72 optical fibers depending on the model number. The fiber core is enclosed within a jacket and the cable assembly is terminated at each end with a fiber optic connector. The subject cables are used within various telecommunications industries to transfer optical data signals. The manufacturing process for all 5 parts is substantially similar and begins with the creation of the optical fiber in the United States. This process begins with the melting and stretching of the glass raw material into a glass bar. This bar is then ground and cleaned before it is further stretched and drawn into the appropriate length and diameter for the individual optical fiber. This fiber is then coated with polymer and tested for strength and function before it is exported to China. In China, the fiber core is cut to length prior to being colored and jacketed with plastic and aramid yarn. The ends are then prepared for the addition of the connectors. The Chinese originating connectors are then assembled onto the ends and the finished cable is tested and packaged for shipment to the U.S. |
| Reason: Regarding the origin of the subject fiber optic cables, the fiber cores manufactured in the United States impart the character of the finished cables. Further, the assembly process performed in China, including the addition of the covering and connectors, does not substantially transform the cores into new and different articles of commerce as their end use is predetermined, and they perform the primary function of transmitting the data signals. Based upon the facts presented, the origin of the patch cord assemblies is the U.S. |
| Ruling Date: May 21, 2025 |
N348841: The tariff classification of DONE Strawberry Prebiotic Protein Drink from Finland
| HTS: 2202.99.9120, 9903.01.25, 0.2¢/L + 10%, “Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other non-alcoholic beverages, not including fruit, nut or vegetable juice of heading 2009: Other: Other: Other.” |
| Item: A shelf-stable 250 mL carton packaging, ready-to-drink, high protein, prebiotic fiber beverage. DONE Strawberry Prebiotic Protein Drink consists of 76 percent filtered water, 9.5 percent milk protein concentrate, 3 percent skim milk powder, 3 percent cream, 2 percent chicory root fiber, 4 percent erythritol, and 15.5 percent total milk solids. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N348977: The tariff classification of the Produced Water Separator - Hydrocyclone Module (321 Module) from the United Arab Emirates
| HTS: 8421.19.0000, 9903.01.25, 1.3% + 10%, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Centrifuges, including centrifugal dryers: Other.” |
| Item: The item under consideration is described as the Produced Water Separator - Hydrocyclone Module (321 Module), which is industrial equipment used in the Nanushuk Processing Facility (NPF) to remove particulates and oil from produced water through centrifugal and gravitational separation. Additional inputs such as pumps and pump motors assist in this function by pumping the clean produced water into the next module once it has been processed. The module completes the separation function through the use of two hydrocylcones and a produced water separator, which use centrifugal and gravitational forces to complete the separation. During operation, the produced water flows into the module through pipes from the Inlet Separator and Low-Pressure Separator. The equipment for the module is within the building structure to ensure protection from the elements. The building serves as the central structure for the produced water to be filtered by the produced water separator and two hydrocyclone centrifuges prior to its disposal. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |
N349030: The tariff classification of Halloween decorations from China
| HTS: 9505.90.6000, 9903.01.24, 9903.01.25, free + 20% + 10%, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Item: Three illuminated tabletop decorations with sound and one includes motion. All items are made predominantly of resin. The items plug into a power source and feature an on/off switch with volume control. |
| Reason: N/A |
| Ruling Date: May 21, 2025 |