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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N340920: The tariff classification and country of origin of metal detector systems
| HTS: 8531.80.9051, 9903.88.15, free + 7.5%, "Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Other apparatus: Other: Other”. |
| Origin: China |
| Item: Thermo Scientific Quickfit Metal Detector Conveyor Systems. Both models consist of three main components: conveyor, metal detector, and reject. The conveyor assembly is a material handler that feeds objects through the metal detector. The metal detector performs the metal detection and alert/signaling function as items are passed through it. The rejection assembly removes nonconforming products from the line. The conveyor belt component and the rejecter component are manufactured within Mexico. The actual metal detector unit is manufactured in China, then shipped to Mexico for assembly with the conveyor and rejecter components. |
| Reason: The metal detector unit which is manufactured in China is the dominant component that provides the character of the finished article. The Chinese metal detector has a pre-determined end use when exported from China. The assembly/manufacturing operation performed within Mexico does not effect a substantial transformation of that product. The metal detector unit retains its identity and predetermined end use. |
| Ruling Date: July 1, 2024 |
N340900: The tariff classification of nonalloy steel coils from Vietnam
| HTS: 7210.70.6060, 9903.80.01, free + 25%, "Flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated: Painted, varnished or coated with plastics: Other: Zinc coated or plated: Other." |
| Item: Zinc-coated nonalloy steel coils. These cold-rolled steel coils which are made to ASTM A653 are hot-dipped galvanized and two coats of primer paint are applied. The coils measure 0.71 mm or 0.86 mm in thickness and are 1219 mm in width. |
| Reason: N/A |
| Ruling Date: July 2, 2024 |
N340916: The tariff classification of the “Monster High Dress-Up Sticker Book” from China
| HTS: 9503.00.0073, free, “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: A puzzle book whereby children match stickers to shapes. The product is designed for children to find and match up fashion outfits and accessories with the popular Monster High fashion doll characters printed in the book. The characters are depicted in various “Monster High” scenes and have outlines of their shirts, dresses, shoes, boots, and other fashion accessories. Children will derive amusement by dressing their character by matching up the different shapes to complete an outfit. The product promotes creativity and challenges children’s matching skills by identifying the right match of a sticker to its shape. The “Dress-Up Sticker Book” is principally designed for the amusement of children ages 6 years and older. |
| Reason: N/A |
| Ruling Date: July 2, 2024 |
N340932: The tariff classification of a water softener tank from China
| HTS: 8421.99.0140, 9903.88.01, free + 25%, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Parts: Other: Parts of machinery and apparatus for filtering or purifying water.” |
| Item: A fiberglass reinforced polyethylene (FRP) vessel for use with a water softening system. On importation, the tank will be partially filled with water softening resin (roughly 50%) and may also include granular activated carbon filtration media. In operation, when the complete system is assembled and installed, water from the source flows through the resin/filter media inside the tank. Periodically, the resin/media needs to be cleaned/regenerated using salt brine and water. The control valve on the top controls the flow of water and brine through the softener/purifier tank and automatically cleans the media using precise algorithms and controls. Once the cleaning cycle is complete, the control valve returns the system back into service mode (purifying mode). Without the additional components listed above, the FRP Tank (Softener/Purifier tank) is an unusable component with no ability to filter/purify or be connected to the plumbing. |
| Reason: Section XVI Note 2(b) states: other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. The FRP vessel, prefilled with resin and sometimes activated carbon, along with the internal distribution pipe, is an essential part of a water softening system. The control head is attached directly onto the FRP vessel and along with the brine tank and some additional small plumbing parts, makes up a complete water softening system. The FRP vessel cannot be used for any other application. |
| Ruling Date: July 2, 2024 |
N336083: The tariff classification of a textile cable tie from Sweden
| HTS: 5609.00.2000, free, “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of vegetable fibers, except cotton." |
| Item: A textile cable tie designed to replace a plastic tie and intended to hang, hold, attach, seal, and bundle just about anything. The cable tie is composed of 100% Kraft paper and treated with polyethylene wax to prevent abrasion on machine parts. The paper is folded and twisted, thus creating a paper yarn. The paper yarn made of folding and twisting is considered a textile for tariff purposes. |
| Reason: N/A |
| Ruling Date: July 1, 2024 |
N340493: The country of origin of an assembly of motor vehicle suspension parts
| Origin: The country of origin of the top mount insulator will be South Korea, while the country of origin of the PS bearing will be China. Thus, trade remedies under Section 301 of the Trade Act of 1974, as amended, from China will apply to the PS bearing at issue. |
| Item: A Top Mount Assembly. The assembly consists of a plain sliding (PS) bearing that is press-fit into a strut top mount/insulator. The bearing represents 46% of the value and the mount represents 54% of the value of the imported assembly. The PS bearing that originates in China, and the main plate, bearing plate, rubber, upper cup, lower cup, and three bolts originate in South Korea. The insulator assembly is created in South Korea using the South Korean components. First, the main plate and bearing plate are encapsulated in rubber through a rubber injection process. Second, the upper cup and lower cup are welded into that assembly and third, three bolts are inserted. The Top Mount Assembly is then completed in South Korea by press-fitting the Chinese PS bearing into the South Korean insulator assembly. |
| Reason: The PS bearing from China is shipped to South Korea for assembly with the insulator. The assembly is rather simple - it involves press fitting the bearing into the insulator. The assembly of the PS bearing to the insulator does not result in a substantial transformation because the press-fitting process is not complex. Since the two components have completely independent functions, the country of origin of the entire assembly will be South Korea and China. |
| Ruling Date: July 1, 2024 |
N340624: The country of origin of RFID Tickets
| Origin: Taiwan |
| Item: RFID tickets that store and transmit data. Each RFID ticket contains unique identification data (UID), which is used to verify the authenticity of each RFID ticket. These imported RFID tickets will be used with various tracking and identification systems, such as metro cards, tickets for events, conferences, etc. The item consists of three main components: a microchip, an antenna, and an adhesive. In Taiwan, a microchip/integrated circuit (IC) is manufactured. This microchip stores data that will be transmitted by the RFID ticket. The antenna, which is used for transmitting and receiving signals to and from the IC, is made in China. The anisotropic conductive paste (ACP), which facilitates the electrical connection between the ICs and antennas without causing shorts with adjacent conductive materials, is produced in Germany. This paste is shipped to China. The subject RFID tickets are assembled into the finished product in China. |
| Reason: The microchip ICs, which are made in Taiwan, contribute to the main functionality and character of the finished RFID tickets. The primary function of the finished product is to store and transmit data, which is done by the microchip. Furthermore, the assembly process performed in China, would not substantially transform the microchip IC of Taiwanese origin into a new and different article of commerce with a name, character, and use distinct from that of the exported good. |
| Ruling Date: July 1, 2024 |
N340691: The tariff classification of outdoor accessory kits from China
| HTS: (1) Each item classified individually. (2) 8211.10.0000 / / 8211.93.0035, 3¢/each + 5.4%, “Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Sets of assorted articles.” |
| Item: (1) Outdoor accessory kits containing flashlights, multi-tools, and knives. Each may also include batteries. (2) One of the sets includes two paraframe knives, a mini multi-tool. This kit includes multiple articles of heading 8211, so it would be specifically provided for as a set within subheading 8211.10. |
| Reason: (2) This set will be dutiable at the rate of duty applicable to that article in the set subject to the highest rate of duty. The two knives classified within subheading 8211.93.0035, are dutiable at 3 cents each plus 5.4 percent ad valorem, which provides the highest rate. The complete tariff classification for this set will be 8211.10.0000 / 8211.93.0035. |
| Ruling Date: July 1, 2024 |
N340786: The tariff classification of Aromatherapy Pillow Mist from China
| HTS: 3307.49.0000, 9903.88.03, 6% + 25%, “Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other." |
| Item: A lavender pillow mist packaged for retail sale in 8-ounce bottles. The ingredients are listed as water, PEG-40 hydrogenated castor oil, glycerin, phenoxyethanol, fragrance (parfum), lauramine oxide, caprylyl glycol, ethylhexylglycerin, and linalool. This item is marketed as an aromatherapy spray for users to apply to their pillows and that it may also be used as a room spray. |
| Reason: N/A |
| Ruling Date: July 1, 2024 |
N340795: The tariff classification of a scalp massager from China
| HTS: 7616.99.5190, 9903.88.03, 2.5% + 25%, "Other articles of aluminum, other… other." |
| Item: A 12-point scalp massager. The item is shaped like a whisk and is composed of 12 wires attached to a handle. The scalp massager is made of 60% aluminum and 40% iron. The intended use of the item is to rub it up and down on the user's head to massage the scalp. The item is intended to soothe and relieve tension and promote relaxation. |
| Reason: The 12-point scalp massager is composed of more than one base metal. Section XV, Note 7 says that the classification of articles of base metal containing two or more metals are to be treated as articles of the metal that predominates by weight over each of the other metals. The metal in the 12-point scalp massager that predominates by weight is aluminum. |
| Ruling Date: July 1, 2024 |
N340811: The tariff classification of a Keychain Ornament from China
| HTS: 7326.20.0090, 9903.88.03, 3.9% + 25%, "Other articles of iron or steel, articles of iron or steel wire, other." |
| Item: A miniature plastic tumbler with a stainless-steel keyring attached that will be sold and marketed as an ornament, keychain, or charm to be used year-round. The ornament is a molded Stanley Cup with a ribbon attached to the handle and a removable lid to allow small items to be hidden inside the cup. The cup is primarily made of polypropylene (body of the cup) and acrylonitrile styrene (straw fixed to the lid of the cup). |
| Reason: The function of the subject Keychain Ornament is to hold and organize keys, and the stainless-steel split wire keyring performs the function of holding the keys. Therefore, the stainless-steel keyring imparts the essential character to the composite article. |
| Ruling Date: July 1, 2024 |