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:
N323116: The tariff classification and country of origin of the Rhino Wet Waste Interceptor Filtration System
| HTS: 8421.21.0000, 9903.88.01, 2.6% + 25%, "Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: For filtering or purifying water." |
| Item: Rhino Wet Waste Interceptor Filtration System, which will be used in the food service industry to capture fats, oils, and grease from wastewater before entering the grease trap and flowing into municipal drains. In operation, the Rhino Wet Waste Interceptor Filtration System will be connected to the drain, allowing water and wet waste to enter the unit, where it will then pass through the filter, trapping the wet waste. Liquids that are free from wet waste are then able to pass through the unit where they are directed to the grease trap. |
| Reason: The Rhino Wet Waste Interceptor Filtration System is not subjected to any further operations other than simple assembly and is not transformed in Canada into a new and different article of commerce with a name, character, and use distinct from the article exported. The Chinese Rhino tub, which houses the entire system, imparts the essence of the Rhino Wet Waste Interceptor Filtration System. Therefore, the country of origin of the Rhino Wet Waste Interceptor Filtration System will be China |
| Ruling Date: Dec. 22, 2021 |
N323224: The tariff classification of a decoy security camera from China
| HTS: 8543.70.9960, 9903.88.02, 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other." |
| Item: A decoy security camera, which is manufactured in such a way to resemble a dome camera. The subject items have no internal electronic functionality that allows for the capturing of images or video. However, the decoy camera does contain a battery-powered, blinking LED light that gives the impression that the camera is recording. The decoy security camera is designed to mimic the presence of a real security camera in order to deter theft or crime. |
| Reason: As most customers use these dollies for home or personal use, and that they are primarily for storage or display purposes, the subject motorcycle dollies are within the meaning of furniture as described by the General ENs to Chapter 94 of the HTSUS. Products of China classified under subheading 9403.20.0050, HTSUS, unless specifically excluded, are subject to an additional 25% ad valorem rate of duty. |
| Ruling Date: Dec. 22, 2021 |
N322994: The tariff classification of Fish Snacks from Taiwan
| HTS: 1604.20.6090, free, “Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Other prepared or preserved fish: Other: Other: Other.” |
| Items: North Sea Fish Snacks. The stated ingredients are fish paste (lizard fish, croaker, Alaskan pollock – 75 percent), tapioca starch, sorbitol, sugar, salt, potassium chloride, soy sauce, monosodium glutamate, chili powder, hydrolyzed protein, glycine, disodium 5’ribonucleotide, disodium succinate, DL-alanine, red pepper extract and ethyl maltol. The product will be imported in packages with a net weight of 2 ounces, 3.1 ounces and 21 ounces, respectively. |
| Reason: N/A |
| Ruling Date: Dec. 21, 2021 |
N323038: The tariff classification of casual footwear from China
| HTS: 6404.19.9030, 6404.19.9060, 9% "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: other: other: valued over $12/pair: for men (9030)/for women (9060)." |
| Item: A casual shoe offered to women as item ICW31110A, and to men as item ICM30161A. The constituent material of the upper is textile, constructed of fibers made from recycled water bottles (RPET), with a small area, less than 50 percent, of leather. The below-the-ankle shoe is secured to the foot with a lace closure. It does not appear to have a foxing-like band. The rubber/plastic (EVA injection) outer sole is said to be available in two versions. One version will have textile threads embedded into the rubber/plastic with exposed fibers. The other will be sprayed with textile flocking. |
| Reason: N/A |
| Ruling Date: Dec. 21, 2021 |
N323187: The tariff classification of a shovel attachment and a shovel attachment included a power head from China
| HTS: 1) 8467.29.0090, 9903.88.15, free +7.5%, “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other: Other” 2) 8467.99.0190; 9903.88.03, free + 25% "Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other: Other” |
| Items: 1) SA1200 Power Snow Shovel Attachment and PH1400/PH1400-FC 56-Volt Lithium-Ion Power Head packaged together for retail sale. This product consists of a Power Head with an electric motor, a Power Snow Shovel Attachment, a 56-Volt 1200-watt Lithium-Ion battery, a hex wrench, and a Charger. The power head is a hand-held device that provides power to the attachment and can be used with other attachment heads such as a chainsaw, grass edger, weed eater, etc. The snow shovel attachment clips into place on the single handle of the power head and is intended to move snow on walkways, decks, porches, and driveways. 2) SSA1200 Power Snow Shovel Attachment |
| Reason: The shovel attachment sold separately is classified differently than the full kit, including shovel. |
| Ruling Date: Dec. 21, 2021 |
N323237: The tariff classification of a men’s poncho from China
| HTS: 3926.20.9050, 9903.88.03, 5% + 25%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other: Other." |
| Item: A men’s rain poncho composed of 100% polyurethane material. The poncho has an attached hood and a two-snap closure on each side. Pictures and illustrations were submitted with your request. |
| Reason: Products of China classified under subheading 3926.20.9050, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. |
| Ruling Date: Dec. 21, 2021 |
N322966: The tariff classification of medical grade hydrogel ST Gel from Japan
| HTS: 3006.70.0000, 5%, "Gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments." |
| Item: a medical grade hydrogel that will be used exclusively to produce electrodes. It will be imported in bulk rolls averaging 300 feet in length and 9 inches in width. Medical grade hydrogel ST Gel grades being imported are CR and SR types that will be exclusively used to produce ECG electrodes and TENS electrodes, respectively. |
| Reason: N/A |
| Ruling Date: Dec. 20, 2021 |
N323184: The tariff classification of a bottom ram for a counterblow forging hammer from the United Kingdom
| HTS: 8466.94.8585, 4.7%, "Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for the machines; tool holders for any type of tool for working in the hand: (con.): Other (con.): For machines of heading 8462 or 8463: Other: Other: Other.” |
| Item: A cast steel component of a counterblow forging hammer. This machine uses a top and bottom ram which are pneumatically controlled and hydraulically synchronized to be driven together with dies in between, forging metal into desired shapes. The bottom ram is 140’’ tall x 132” wide x 123.5” deep. |
| Reason: N/A |
| Ruling Date: Dec. 20, 2021 |
N323232: The tariff classification of Open Specification Slot (OPS) computers from China
| HTS: 8471.50.0150, 9903.88.03, free + 25%, "Automatic data processing machines and units thereof… Processing units other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units: Other.” |
| Items: Three on-board computers: 1) an enclosure having an Intel i5 processor, 4 GB of memory, 128 GB solid state storage (SSD), HDMI output, a microphone input, built-in Wi-Fi with antennas, and multiple USB connections, 2) an enclosure having an Intel i7 processor, 8 GB of memory, 256 GB SSD, HDMI output, a microphone input, built-in Wi-Fi with antennas, and multiple USB connections, 3) an enclosure having an Intel i7 processor, 16 GB of memory, 256 GB solid SSD, HDMI output, a microphone input, built-in Wi-Fi with antennas, and multiple USB connections. |
| Reason: Products of China classified under subheading 8471.50.0150, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. |
| Ruling Date: Dec. 20, 2021 |
N322698: The tariff classification of a solenoid valve housing from China
| HTS: 8505.90.7501, 9903.88.01, 1.3% + 25% "Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof: Other, including parts: Other.” |
| Items: A housing, part number H32655, for a solenoid coil assembly. The cylindrical steel housing is assembled with an electromagnetic coil to create a solenoid coil assembly. The assembly is then placed on top of a valve body assembly to form a solenoid valve. You state the solenoid valve is always assembled into a manifold to produce a valve assembly, but the coil assembly is also sold separately. |
| Reason: Products of China classified under subheading 8505.90.7501, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. Further, In Mitsubishi Electronics America v. United States, 19 CIT 378, 383 n.3 (1995) the court stated, “a subpart of a particular part of an article is more specifically provided for as a part of a part than a part of the whole.” |
| Ruling Date: Nov. 30, 2021 |