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.
N349585: The tariff classification of organic mini peppers from Mexico
HTS: (red) 0709.60.4007, 9903.01.01; 9903.01.27, 4.7¢/kg + 25% + 10%, “other vegetables, fresh or chilled… fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)… other…greenhouse…. sweet bell-type peppers (Capsicum annum) …certified organic…red.” (yellow) 0709.60.4009, 9903.01.01; 9903.01.27, 4.7¢/kg + 25% + 10%, “other vegetables, fresh or chilled… fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)… other…greenhouse…. sweet bell-type peppers (Capsicum annum) …certified organic…yellow.” (orange) 0709.60.4011, 9903.01.01; 9903.01.27, 4.7¢/kg + 25% + 10%, “other vegetables, fresh or chilled… fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)… other…greenhouse…. sweet bell-type peppers (Capsicum annum) …certified organic…orange.” |
Item: The subject merchandise is described as organic mini peppers (Capsicum annuum). The organic mini peppers are grown in a variety of colors (red, yellow and orange). The mini peppers are planted from seeds in organic soil within high-tech greenhouses, harvested, and packaged for retail sale in 12 and 16-ounce plastic bags. The organic mini peppers will be imported in a chilled condition for resale at grocery stores. |
Reason: N/A |
Ruling Date: June 24, 2025 |
N349631: The tariff classification of turbine nozzle castings from South Korea
HTS: 8411.91.9085, 9903.01.25, free + 10%, “Turbojets, turbopropellers and other gas turbines, and parts thereof: Parts: Of turbojets or turbopropellers: Other: Parts of aircraft turbines: Other.” |
Item: The items under consideration have been identified as two (2) turbine nozzle castings, used in aircraft. Part 1 is a “Stage 1” turbine nozzle casting. These castings will be further machined to make stage 1 turbine nozzles for gas turbines, which are installed in Boeing B757 and B767 aircraft. Part 2 is a “Stage 1” turbine shroud casting. These castings will be further machined to make stage 1 turbine shrouds for gas turbines, which are installed in Boeing B757 and B767 aircraft. The main function of turbine nozzles is to direct hot airflow from combustor to turbine blades so that the blades can be rotated with maximum efficiency. The main function of turbine shrouds is to retain abradable turbine seals which contact the Stage 1 turbine blade tips. The turbine nozzle and shroud will be attached to turbine case with bolts/nuts. Both turbine nozzle casting and turbine shroud are made of a Nickel-base alloy, commercially known as “Mar-M247” and “INCO 738LC.” |
Reason: N/A |
Ruling Date: June 24, 2025 |
N349735: The tariff classification of a microdialysis sampling system from Japan
HTS: 8479.89.9599, 9903.01.25, 2.5%, “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 Azuma AtmosLM (Large Molecule) Eicom Microdialysis System is a probe-based apparatus designed for brain microdialysis in rodents, particularly rats and mice. This system is intended for use in neuroscience, pharmacology, and related research fields. The Eicom Microdialysis System employs probes with semi-permeable artificial cellulose (polyethylene) membranes to passively sample molecules from the extracellular fluid of tissues like the brain. The system is for research use only and is not intended for human use or diagnostics of human or animal disease. As imported, the system will include a peristaltic pump, various microdialysis probes, probe accessories (e.g., stereotaxic adapters and guide and dummy cannulas), and other apparatus including a balance arm assembly, tubing, a tether, a rat collar, a rat harness, and a mouse harness. |
Reason: N/A |
Ruling Date: June 24, 2025 |
N349842: The tariff classification of ball hopper baskets from China
HTS: 7326.90.8688, 9903.01.24; 9903.81.90; 9903.01.33; 9903.88.03, 2.9% + 20% + 25% + 50%, “Other articles of iron or steel: Other: Other: Other: Other: Other.” |
Item: The items under consideration are described as ball hopper pick up baskets that assist users in picking up tennis balls after a practice drill or exercise. During use, a user positions the ball hopper pick up basket over a tennis ball and pushes the basket down onto it. Under the downward forces exerted by the basket frame, the tennis ball slightly deforms and enters the basket through an opening in the frame. After pickup, tennis balls are securely contained in the basket frame for transportation. The baskets are handheld and will be sold with or without small wheels depending on the model. The ball hopper pick up baskets are primarily composed of steel with some pieces of foam or zinc hardware. |
Reason: The copper-clad aluminum conducting core imparts the character of the finished article. The process of adding insulation, shielding, and jacketing does not substantially transform the conductor into a new and different article of commerce. The country of origin of the hardline cable will be South Korea or the United States, depending on the origin location of the conductor. |
Ruling Date: June 24, 2025 |
N349859: The tariff classification and country of origin marking of leaflets and LDPE gloves from China
HTS: (leaflet) 4901.10.0040, 9903.01.22, 9903.01.31; 9903.01.32, 9903.88.15, free + 7.5%, “Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: In single sheets, whether or not folded: Other.” (glove) 3926.20.4010, 9903.01.24, 9903.01.25, 6.5% + 20% + 10%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves, mittens and mitts): Gloves, mittens and mitts: Other: Other: Disposable.” |
Item: The first article under consideration is a single-page, printed leaflet that gives hair treatment instructions. The second article under consideration is LDPE gloves. The glove is described as made up of LDPE, a plastic. The glove is seamed, disposable, and used to protect the user’s hands from a hair treatment product. The gloves will be imported folded into the leaflet. |
Reason: N/A |
Ruling Date: June 24, 2025 |
N349877: The tariff classification of shot glass and flask sets from India
HTS: (shot glass and holder sets) 7323.93.0080, 9903.81.90, 9903.01.33, 2% + 50%, “Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel: Other: Of stainless steel: Other.” (flask and holder sets) 7326.90.3500, 9903.81.90, 9903.01.33, 7.8% + 50%, “Other articles of iron or steel: Other: Other: Containers of a kind normally carried on the person, in the pocket or in the handbag.” |
Item: The first items under consideration are described as shot glasses and a holder to be imported and sold as a set. Included in the set are 6 stainless steel shot glasses of 2.7 ounce capacity and weighing 25 grams each. Accompanying the shot glasses is a holder of 100% cow leather lined with 100% polyester. The holder is 8.65 centimeters (cm) in height, weighs 140 grams, and features an extending strap that fastens the lid to the body with a metal button. The next items under consideration are described as a stainless steel flask and a holder to be imported and sold as a set. The stainless steel flask has a capacity of 6 ounces, weighs 152 grams, and features a spherical cap. The holder of 100% cow leather measures 14 cm in height by 11 cm in width, contains a 3 cm gusset, and weighs 48 grams. The holder features a loop which is placed around the mouth of the flask to secure it in place with a metal button. |
Reason: Although the shot glasses and flask are functionally predominant, the cow leather holders are of high quality, ornately decorated, and are significantly more expensive than the shot glasses and flasks, respectively. As a result, neither the shot glasses and flask nor the leather holders impart the essential character of the sets. Therefore, classification will be in accordance with GRI 3(c) which requires, in part, that the item be classified in the heading which occurs last in numerical order among those which merit equal consideration. |
Ruling Date: June 24, 2025 |
N349897: The tariff classification of the iConnect tablet accessories from China
HTS: 8504.40.9550, 9903.01.24; 9903.01.25 9903.88.03, free + 20% + 10% + 25%, “Electrical transformers and static converters…: Other: Rectifiers and rectifying apparatus: Other.” |
Item: Power adapters and charging docks for iPhone products |
Reason: N/A |
Ruling Date: June 24, 2025 |
N349921: The tariff classification of a laboratory autosampler from the Netherlands
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 Spark Holland Alias Insight Autosampler Cool (Autosampler) is an advanced autosampler designed for analytical laboratories. It is used to automatically move and inject liquid samples into High-Performance Liquid Chromatography (HPLC) systems. The Autosampler employs a refrigerated compartment to keep the samples cool to preserve their integrity during storage and analysis. The Autosampler itself does not perform analysis but rather prepares the sample for analysis. |
Reason: N/A |
Ruling Date: June 24, 2025 |
N349993: The country of origin of a garden fork
Origin: Vietnam |
Item: The garden fork has a steel head that incorporates 10 slightly bent tines, which is attached to a wooden handle. It measures 149.8 cm in length and 26.7 cm in overall width. The tool is primarily designed for soil preparation, including loosening, lifting, and turning over soil, as well as aerating and mixing in compost. The manufacturing process for the fork begins in Vietnam, where Chinese-origin hot-rolled steel is laser-cut into the individual tines of the fork. The tines are further heated, bent and welded together to form the head of the fork. The fully formed fork head is then sent to China where it is polished, powder coated and assembled with a Chinese-origin socket and wood handle. Finally, a plastic grip is attached to the end of the handle. |
Reason: The finishing and assembly operations performed in China do not substantially change the product 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 fork is Vietnam. |
Ruling Date: June 24, 2025 |
N350004: The tariff classification of a wearable wellness monitor from China
HTS: 9031.80.8085, 9903.01.24; 9903.01.25; 9903.88.01, free + 20% + 10% + 25%, “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other.” |
Item: The item under consideration is described as the Polar 360 wearable wellness monitor, which is a wellness monitor worn on the wrist that has a variety of activity and sleep tracking features. The Sleep Plus Stages sleep tracking feature monitors the user’s sleep stages, including rapid eye movement (REM), light and deep sleep, and then provides a numerical sleep score. The module attaches to the wrist via a textile band. The sensors in the device include an optical heart rate (OHR) measurement sensor, an accelerometer, and a skin temperature sensor. The module transmits the data from the sensors via Bluetooth to a software application on the user’s smart device. The Polar 360 wearable wellness monitor is imported with the sensor, wristband, charger, and user guidance manual. |
Reason: N/A |
Ruling Date: June 24, 2025 |