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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N349543: The tariff classification of a flash gas separator module from Canada
| HTS: 8421.29.0065, 9903.01.26, free, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: Other: Other: Other: Other.” |
| Item: The item under consideration is the 222 Low Pressure Flash Gas Separator Module, which is a filter module installed in the Nanushuk Processing Facility (NPF) in Alaska. The module consists of a low-pressure flash gas separator, low pressure flash gas separator pumps, piping, valves, instrumentation, and controls to create a complete operational module. As the NPF is located in Alaska, the module also includes building heaters, building heater motors, exhaust fans, and exhaust fan motors. |
| Reason: N/A |
| Ruling Date: June 6, 2025 |
N349639: The tariff classification of drawing kits from China
| HTS: 4901.99.0092, 9903.01.22, free, “Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: Other: Other: Other: Other: Other: Containing 5 or more pages each, but not more than 48 pages each (excluding covers).” |
| Item: The product under consideration is The Art Maker Studio Drawing Techniques Kit. The kit contains a 48-page printed instruction guide teaching drawing techniques. The kit also includes a 48-page blank sketchbook, one fineline marker, one kneadable eraser, 3 blending torillions, two charcoal pencils, 10 pencils of various hardnesses, and a pencil sharpener. |
| Reason: As the kit’s purpose is to teach drawing techniques, the 48-page instruction guide on drawing techniques imparts the essential character of the set. |
| Ruling Date: June 6, 2025 |
N349746: The country of origin of garden forks
| Origin: Vietnam |
| Item: Both garden forks have steel heads with slightly bent tines that are attached to long handles. Model 1 incorporates ten tines on its head and is attached to a fiberglass handle. Model 2 includes six tines on its head and is attached to a wooden handle. They are primarily designed for soil preparation, including loosening, lifting, and turning over soil, as well as aerating and mixing in compost. The manufacturing process for both forks is the same. In Vietnam, hot-rolled steel that originates in China is laser-cut into a flat outline of the heads of each fork. The tines of the fork head are further heated and forged, and a handle connector is formed. The fork head is then press-bent into its final curved shape. The fully formed fork head is afterwards sent to China where it is polished, powder coated and assembled with a Chinese-origin wood or fiberglass handle. Finally, plastic grips are attached to the middle and end of the handle. |
| Reason: The cold-rolled steel is substantially transformed in Vietnam into fully formed fork heads. It is the fork head that imparts the essence of each finished garden fork. Based upon the provided description and pictures of the finishing and assembly operations performed in China, the fork heads are not substantially changed so as to transform them into a new article with a different name, character, or use. Therefore, the country of origin of the finished garden forks is Vietnam. |
| Ruling Date: June 6, 2025 |
N349774: The tariff classification of books from China
| HTS: (Pokemon Advanced Coloring) 4903.00.0000, 9903.01.22, free, “Children's picture, drawing or coloring books.” (Horror Movies Coloring Book) 4901.99.00, 9903.01.22, free, “Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: Other: Other: Other: Art and pictorial books.” (Remaining books) 4901.99.0070, 9903.01.22, free, “Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: Other: Other: Other: Other: Hardbound books.” |
| Item: The products under consideration are five books, including “Pokemon Advanced Coloring” book, “Horror Movies Coloring Book”, “Nostalgic Recipes from the ‘50s, ‘60s, ‘70s, and ‘80s”, “Dad Jokes, Too”, and “Edgar Allen Poe Classic Tales of Horror”. The two coloring books consist of pages of printed images that are to be colored in with coloring implements. The “Pokemon Advanced Coloring” book has simple images that a child would engage in coloring. The “Horror Movies Coloring Book” is considerably more intricate and is centered around adult themes of horror films. The coloring books are softcover. The “Nostalgic Recipes” book is a hardcover, spiral bound cookbook. The “Dad Jokes” and “Edgar Allen Poe” books are hardcover, text-based books. |
| Reason: N/A |
| Ruling Date: June 6, 2025 |
N349791: The country of origin of a cultivator rake
| Origin: Vietnam |
| Item: The cultivator rake features four tines arranged in a straight alignment that are offset at a right-angle to a long wooden handle. It is commonly used for breaking up compacted soil, removing weeds, and preparing soil for planting. The manufacturing process begins in Vietnam, where Chinese-origin hot-rolled steel is laser cut into a flat outline of the cultivator head. The tines are further divided and forged, and bent into their final shape. The fully formed cultivator head is then sent to China where it is polished, powder coated and assembled with a Chinese-origin wood handle. Finally, a round plastic grip is attached to the end of the handle. |
| Reason: The cold-rolled steel is substantially transformed in Vietnam into a fully formed cultivator head. It is the cultivator head that imparts the essence of the finished cultivator rake. Based upon the finishing operations performed in China, the cultivator head is not substantially changed so as to transform it into a new article with a different name, character, or use. It is therefore the opinion of our office that the country of origin of the finished cultivator rake is Vietnam. |
| Ruling Date: June 6, 2025 |
N332953: The tariff classification of five coated fabrics from Turkey
| HTS: 5903.20.2500, 9903.01.25, 7.5% + 10%, “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: With polyurethane: Of man-made fibers: Other: Other.” |
| Item: Five coated tapestry fabrics which will be imported in 66-inch wide widths into the United States from Turkey. |
| Reason: N/A |
| Ruling Date: June 5, 2025 |
N348465: The country of origin of an electrical actuator
| Origin: China |
| Item: The merchandise under consideration is identified as a 12 VDC brushed electric actuator that consists of the DC motor, the gearbox assembly, the screw drive, the housings, the sensor printed circuit board assembly (PCBA), and various electrical apparatus, such as limit switches, wire harnesses, a potentiometer, etc. All the components that make up the actuator, apart from the electrical apparatus, are produced in China. The actuator is assembled in Canada by fastening the 12 VDC motor to the gearbox assembly, installing and/or inserting the various components together and fastening with screws. The electrical apparatus is soldered, and wires are secured to the motor actuator. Lastly, the motors are tested, lubricated, and packaged for shipping. |
| Reason: The electric motor is the principal component of the subject motor actuator assembly, while the gearbox and actuator do not merit equal consideration in determining the country of origin of the good. Furthermore, the attaching of a gearbox to the motor’s output by inserting screw drive components, etc., which is largely described as “inserting”, “attaching”, and “fastening”, is minor assembly where the electric motor is not substantially transformed as a result of the work performed in Canada. As a result, at the time of importation into the United States the country of origin of the 12 VDC brushed electric actuator will be China for origin and marking purposes. |
| Ruling Date: June 5, 2025 |
N348683: The country of origin and marking of olives
| Origin: Spain or Greece |
| Marking: Insufficient |
| Item: A scenario in which green olives will be imported from Spain and Greece. The green olives will be grown, harvested, and processed in Spain and Greece. However, the olives will not be mixed into the same packaging. In Spain, the olives from both countries will be subjected to further processing which includes cleaning, washing, fermentation, sorting, olive processing (pitting), and packaging for retail sale in fully sealed jars or cans. Other ingredients (brine solution components, stuffing ingredients such as pimiento or cheese) will be sourced from the EU, primarily Spain. |
| Reason: The manufacturing processes performed in Spain would not change the origin of the green olives grown and harvested in Greece because the manufacturing in Spain does not result in a substantial transformation of the olives. In short, the process begins with green olives and ends with green olives. Accordingly, the green olives will be considered a product of the country in which the olives are grown, namely Spain or Greece. |
| Ruling Date: June 5, 2025 |
N348774: The country of origin of bee pollen mixtures from Spain
| Origin: Scenario 1: Bulgaria, China, Turkey, and Ukraine. Scenario 2: China, Latvia, Romania, Spain, and Ukraine. Scenario 3: Bulgaria and Turkey. |
| Item: The following scenarios of multi-country pollen mixtures that are combined, processed and packaged in Spain. Scenario 1: The bee pollen will be sourced from the following four countries: Bulgaria (25%), China (20%), Turkey (25%), and Ukraine (30%). Scenario 2: The bee pollen will be sourced from the following five countries: China (20%), Latvia (14%), Romania (26%), Spain (30%), and Ukraine (10%). Scenario 3: The bee pollen will be sourced from the following two countries: Bulgaria (40%) and Turkey (60%). The manufacturing process is as follows: Pollen is collected from beekeepers’ farms in their respective country and shipped to the processor in Spain. The pollen does not undergo any processing prior to delivery to Spain. Upon receipt, the pollen is put through quality control analysis. It is inspected and analyzed to ensure suitability for human consumption. The pollen undergoes organoleptic tests, fumigation, if necessary, transfer of the pollen in drums, passing the pollen through a pollen cleaning matching and then through a selector. There all foreign bodies are removed with the help of air and a magnet, and also the black grains are removed from the pollen with the help of the pollen selector. Suitable pollen is blended into batches. After blending the mixture is screened to remove size inconsistencies, unsuitable grains, and any remaining foreign matter. If necessary, sorting by color is then performed. The mixture is placed in bulk or unit packaging and labeled; some will be selected for sampling and analysis. Final analysis by a third-party laboratory is then completed to ensure that the blend meets industry standards and specifications for human consumption. If not cleared by the lab analysis, the mixture is withdrawn or send for reprocessing. If cleared by the laboratory analysis, the mixture is cleared to ship. |
| Reason: Blending the bee pollen from multiple countries as presented in scenarios 1, 2, and 3, does not substantially transform the bee pollen mixtures into a product of Spain. The countries of origin for the bee pollen mixtures are as follows: Scenario 1: Bulgaria, China, Turkey, and Ukraine. Scenario 2: China, Latvia, Romania, Spain, and Ukraine. Scenario 3: Bulgaria and Turkey. |
| Ruling Date: June 5, 2025 |
N349242: The tariff classification of a hydraulically powered brush crane attachment from Sweden
| HTS: 8479.89.9599, 9903.01.25, 2.5% + 10%, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.” |
| Item: The Hiab Multibrush is a hydraulically powered brush attachment that connects to the end of Hiab’s light and medium-duty knuckle boom cranes. The Multibrush accessory attachment is designed for snow removal from roofs or other hard-to-reach areas, but can also be used to brush other materials from the ground such as sand. The unit weighs 190 kg and measures approximately 1215 mm (W) x 915 mm (D) x 1239 mm (H). The brush itself is 1000 mm wide. The Multibrush is connected to and powered by the hydraulic system of the crane to which it is attached. Nothing beyond the crane to which it is attached is required for the Multibrush to operate. |
| Reason: N/A |
| Ruling Date: June 5, 2025 |