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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N349792: The tariff classification of a jewelry pouch from China
| HTS: 4202.92.9100, 9903.88.03; 9903.01.24; 9903.01.25, 17.6% + 20% + 10% + 25%, “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.” |
| Item: The subject merchandise is a jewelry pouch. It is constructed of 100% polyester, which is considered a man-made fiber. It is of the type normally presented with jewelry at the time of purchase. It is of a durable construction and suitable for repetitive use and has a drawstring closure. |
| Reason: N/A |
| Ruling Date: June 26, 2025 |
N350343: The country of origin of clamps
| Origin: Vietnam |
| Item: The subject articles are a metal spring clamp and a plastic spring clamp. The manufacturing process for the metal spring clamp begins in Vietnam. Raw steel roll, sourced from Vietnam and other countries, is stamped into the final size and shape of the left and right jaws and handles of the clamp. These two articles are then sent to China, where they are nickel plated and assembled with a spring and a screw. Finally, the polyvinyl is applied to the handles and over the tips of the jaws. The manufacturing process for the plastic spring clamp also begins in Vietnam. Plastic powder, sourced from Vietnam and other countries, is injection molded into the final size and shape of the left and right jaws and handles of the clamp. These two articles are then sent to China, where they are assembled with a spring and a screw. Finally, the swivel pads are attached to the tips of the jaws. |
| Reason: A substantial transformation takes place in Vietnam. Raw steel roll is stamped into the final size and shape of the left and right jaws and handles of the metal spring clamp in Vietnam. Similarly in Vietnam, plastic powder is injection molded into the final size and shape of the left and right jaws and handles of the plastic spring clamp. These articles provide the principal characteristics of the finished clamps, are dedicated for use as such, and cannot be used for any other purpose. Based on the processing and assembly operations performed in China, they are not substantially changed so as to transform them into a new article with a different name, character, or use. |
| Ruling Date: June 26, 2025 |
N350388: The country of origin of four types of food wrapping paper
| Origin: Indonesia |
| Item: The paper products under consideration are four food wrapping papers. The first product is freezer paper. It is made from virgin and recycled pulp and is coated with an average coating of 25% polyethylene (PE). The second product is liner paper. It is made from virgin and recycled pulp and is coated with an average coating of 1.5% food-grade silicone dioxide. The third product is sandwich wrap paper. It is made from virgin and recycled pulp and is coated with an average coating of 2% per-and polyfluoroalkyl substances (PFAS). The last product is wax paper. It is made from virgin and recycled pulp and is coated with an average coating of 10% natural waxes. For each product, the paper is made and coating is applied in Indonesia. The master rolls are then shipped to China where they are printed and cut to size to be rolled or folded and packaged as sheets. |
| Reason: In China the food wrapping paper stocks do not undergo a substantial transformation that results in an item with a new name, character, or use. In China, the stock papers are merely cut to size, printed with functional markings, and packaged. The cutting of material to size does not constitute a substantial transformation. Therefore, the country in which the papers are made and coated is the country of origin. The country of origin of the food wrapping papers is Indonesia. |
| Ruling Date: June 26, 2025 |
N350417: Applicability of Nairobi Protocol to thermal paper from Vietnam
| Nairobi Protocol Eligibility: Ineligible for duty-free treatment under 9817.00.96 |
| Item: BPA-free thermal paper, which is used in Abbott’s heart-lung machine testing equipment. |
| Reason: The BPA-free thermal paper is not specially designed or adapted for the use of blind or other physically or mentally handicapped persons. These persons do not use the thermal paper at all; it is instead used in diagnostic equipment in hospitals or rehabilitation facilities. The BPA-free thermal paper is also not limited to use in medical facilities, but is also used in hospitality and retail industries. Therefore, the thermal paper’s use in diagnostic and therapeutic equipment does not entitle it to benefit under the Nairobi Protocol. |
| Ruling Date: June 26, 2025 |
N349495: The tariff classification of floor mounted brush systems from Germany
| HTS: 9603.90.8050, 9903.01.25, 2.8% + 10%, “Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Other: Other: Other.” |
| Item: The products under consideration are described as the ProfilGate “dry” and the ProfilGate “aqua.” They are industrial ground-level brush systems designed to remove dirt and debris from beneath tires, shoes, and other surfaces at entrances and passages in industrial and logistics facilities. They consist of metal grates and brush strips, with the brushes cleaning these surfaces as they move over the grates. The debris then falls between the grate openings and into a collection tray located beneath the brushes. The wet version, “aqua,” differs from the “dry” model as it features brushes that are submerged into a tray of disinfecting cleaning solution. The moistened brushes clean off dirt, debris, and microbial contaminants. They will be imported without the cleaning solution. |
| Reason: The brushes impart the essential character to both ProfilGate systems. |
| Ruling Date: June 25, 2025 |
N349497: The tariff classification of a bag dispenser made of steel from Taiwan
| HTS: 8302.50.0000, 9903.01.25, free + 10%, “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; …: Hat-racks, hat pegs, brackets and similar fixtures, and parts thereof.” |
| Item: The merchandise under consideration is described as a bag dispenser. It is manufactured of stainless steel or steel with a nickel coat. This steel rack is made of a wire frame with predrilled mounting holes and a metal tube that extends between the two arms of the frame. It is sold as an add-on accessory to be used in a variety of applications such as commercial refrigeration units in supermarkets. The base metal rack will be mounted to either the top or side of the surface and functions to hold a roll of plastic bags so they can be easily accessed. |
| Reason: N/A |
| Ruling Date: June 25, 2025 |
N349544: The tariff classification of a separator module from Canada
| HTS: 8479.89.9599, 9903.01.26, 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 221 A/B Inlet Separator module is a module installed at the Nanushuk Processing Facility in Alaska. The module comprises a steel separator vessel and a section that houses level gauges, a control panel, a sample box, seventeen pneumatically actuated ball valves, eight pneumatically actuated plug valves, along with building heaters and exhaust fans with motors. The heaters and fans maintain the temperature required to meet the operational needs of the equipment. The vessel and the section containing machinery are connected using pipes that feature manually actuated valves and instrumentation. In operation, valves incorporated into the pipes control the flow of a mixture that consists of oil, gas, and water. |
| Reason: N/A |
| Ruling Date: June 25, 2025 |
N349600: The country of origin of 3rd generation wheel hub assemblies
| Origin: Vietnam |
| Item: The articles under consideration are 3rd Generation Double Flanged Wheel Hub Assemblies, which are used in passenger vehicles. Models 1 and 2 contain ball bearings and Models 3 and 4 contain tapered roller bearings. In all models, the flange end face is provided with a hole and a bolt, which can be directly connected to the wheel rim. The inner and outer flanges and inner rings are imported from China and shipped to Vietnam. In Vietnam, the unfinished flanges are fully processed by multiple precision turning operations, drilling or tapping, grinding, and super-finishing, to create a finished product. The inner rings also are fully processed from an unfinished state through multiple grinding, super-finishing, and other manufacturing processes to produce the precision raceways. Components such as bolts and grease, as well as paper boxes, cartons, and other packaging materials are made in Vietnam. In Vietnam, the components are precision machined, assembled together using ball automatic assembly machines, hydraulic presses, grease pump machines, bolt presses, and riveting machines (if applicable). After that, the wheel hub assemblies are inspected, laser marked, rust-proofed, tested, and packaged for shipment to the United States. |
| Reason: The final assembly of the Chinese components in the present case does not appear to be complex; however, the outer flange and inner ring become races with precision raceways in Vietnam. A bearing undergoes substantial transformation in the country where rings become races with precision raceways. Although the wheel hub assemblies aren't mere bearings, the function of Models 1 and 2 is to reduce friction and to allow the wheel to be mounted on the axle. Furthermore, the splining feature in Models 3 and 4 gives the wheel hub a functionality beyond a mere bearing. It allows the wheel hub to mesh with the drive axle to transmit torque. Since the outer flange and inner ring become races with precision raceways in Vietnam, the splining is done in Vietnam, and drilling of the bolt holes also occurs in Vietnam, the country of origin of the 3rd Generation wheel hub assemblies will also be Vietnam for marking purposes. |
| Ruling Date: June 25, 2025 |
N349636: 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 three (3) turbine nozzle castings, which are used in 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 turbine nozzle will be attached to turbine case with bolts/nuts. All three turbine nozzle castings are made of a Nickel-base alloy, commercially known as “Mar-M247” and “INCO 738LC.” |
| Reason: N/A |
| Ruling Date: June 25, 2025 |
N349640: The tariff classification of a conveyor belt pre-scraper from Germany
| HTS: 3926.90.9989; 9903.01.25, 5.3% + 10%, “[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 described as a pre-scraper. It is intended to aid a conveyor belt’s main scraper in keeping the belt clean when it cannot cope with the thickness of the material sticking to the belt surface. The scraper block is made from polyurethane plastic, and the assembly carriers and mountings are galvanized steel. |
| Reason: The polyurethane plastic scrapper block imparts the essential character to this composite good. |
| Ruling Date: June 25, 2025 |