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:
N324129: The tariff classification and country of origin of Frozen Squid Tentacles
| HTS: 0307.43.0050, Free, “Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption: Cuttlefish and squid: Frozen squid: Other: Other: Other.” |
| Country of Origin: Peru |
| Item: Frozen giant squid tentacles (Dosidicus gigas, also known as the Humboldt squid, or jumbo flying squid) of Peruvian-origin will be shipped from Peru to China. In China, the tentacles are thawed, washed, and the suction cups are eliminated. The tentacles are then rewashed, sorted, diced, ground with salt, rinsed, drained, frozen, glazed, and packed. |
| Reason: The article is not substantially transformed due to the processing in China. |
| Ruling Date: Feb. 24, 2022 |
N324186: The tariff classification of an LED insect trap from China
| HTS: (1) 8543.70.9860, 9903.88.02, 2.6% + 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.” (2) 3808.91.5001, 9903.88.03, 5% + 25%, "Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other.” |
| Items: (1) Two models of insect traps. The two models function identically and only differ in size and mounting capabilities. The units consist of a resin picture frame with incorporated LED lights to illuminate the desired photo or sign the user chooses to place within. The back of the unit features a purple Ultraviolet (UV) light box and a (2) hidden glue board to which insects can adhere. |
| Reason: The subject insect traps meet the definition of a composite good representing functions covered by multiple headings. |
| Ruling Date: Feb. 24, 2022 |
N324240: The tariff classification of footwear from China
| HTS: 6404.11.7190, 9903.88.15, 7.5% + 7.5%, "Footwear with outer soles of rubber/plastics, leather or composition leather and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $3 but not over $6.50/pair: other: with uppers of vegetable fibers and having outer soles with textile materials having the greatest surface area in contact with the ground, but not taken into account under the terms of additional U.S. note 5 to this chapter: Other." |
| Item: A closed-toe/closed-heel, below-the-ankle sneaker. Samples were submitted in toddler and children’s sizes. The children’s size has a lace closure and the toddler size has two straps with hook and loop closures. Both versions feature athletic styling, secure closures, underfoot cushioning, and foxing-like bands. The external surface area of the uppers consist of 100 percent cotton textile material, and the rubber/plastics outer soles have textile flocking covering the majority of the external surface area touching the ground. The F.O.B. value is over $3.00 but not over $6.50 per pair. |
| Reason: N/A |
| Ruling Date: Feb. 24, 2022 |
N324276: The tariff classification of footwear from China
| HTS: 6404.11.7190, 9903.88.15, 7.5% + 7.5%, "Footwear with outer soles of rubber/plastics, leather or composition leather and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $3 but not over $6.50/pair: other: with uppers of vegetable fibers and having outer soles with textile materials having the greatest surface area in contact with the ground, but not taken into account under the terms of additional U.S. note 5 to this chapter: Other." |
| Item: A child’s, closed-toe/closed-heel sneaker. This lace-up shoe covers the ankle, has an athletic appearance, and features a zipper on the medial side. The upper consists of 100 percent cotton textile material, excluding all accessories and reinforcements. The laboratory report states the footwear has a foxing-like band and a rubber/plastics outer sole that has textile flocking covering 52.28 percent of the external surface area touching the ground. The F.O.B. value is stated to be over $3.00 but not over $6.50 per pair. |
| Reason: N/A |
| Ruling Date: Feb. 24, 2022 |
N324344: The tariff classification of the Star Shower Motion laser light image projector from China
| HTS: 9008.50.4000; 9903.88.16, 4.6%, “Image projectors, other than cinematographic; photographic (other than cinematographic) enlargers and reducers; parts and accessories thereof: Projectors, enlargers and reducers: Other image projectors.” |
| If the jacket does not pass the water resistant test: 6201.93.6511, 27.7%, "Men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other: Other: Other: Men’s." |
| Item: A diode laser projector that projects red and green starry lights onto surfaces such as houses, landscapes, gazebos, etc. The device projects still images of holographic stars while the motor creates shimmering patterns of light. The still images change locations on the projected surface by the movement of the light/dome. The projector is suitable for indoor and outdoor use and includes weather resistant plastic housing, a lawn stake, an autotimer and choice of stationary or rotating functions for the star images. |
| Reason: N/A |
| Ruling Date: Feb. 24, 2022 |
N324391: The tariff classification of printed welcome sign from China
| HTS: 4911.99.6000, 9903.88.15, Free + 7.5%, “Other printed matter:… Other: Other: Other: Printed in whole or in part by a lithographic process." |
| Item: A welcome sign made of medium density fiberboard intended to stand outside the front door of a home or business. It measures approximately 48” tall by 9” wide. On the back is a wooden stand. On the face is the word “WELCOME,” oriented vertically, which has been lithographically printed in block letters onto a piece of paper, which is then glued to the MDF. Sections of lattice work decorate the top and bottom of the sign. |
| Reason: N/A |
| Ruling Date: Feb. 24, 2022 |
N323846: The tariff classification of fruit spreads from Denmark
| HTS: (1) (3) 2008.99.2140, 4.5%, "Fruit . . . otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . other, including mixtures other than those of subheading 2008.19 . . . other . . . berries . . . other . . . other. (2) 2008.50.4000, 29.8%, "Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . apricots . . . other." (4) 2008.99.6000, 11.2%, "Fruit, nuts and other edible parts of plants, otherwise prepared or preserved…not elsewhere specified or included…other…other…plums." .(5) 2008.99.2800, 9.6%, "Fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter … not elsewhere specified or included … other ... other ... figs." |
| Items: Fruit spreads obtained by cooking fruit and sugar together, in addition to adding pectin and lemon juice concentrate. The final products are said to have a gelled consistency with a spreadable and creamy texture. (1) “Fynbo Gourmet Blackcurrant Fruit Spread,” contains approximately 60 percent blackcurrant, 31 percent sugar, 9 percent water, and trace amounts of percent pectin. (2) “Fynbo Gourmet Apricot Fruit Spread,” contains approximately 60 percent apricot, 31 percent sugar, 7 percent water, 1 percent lemon juice concentrate, and trace amounts of pectin. (3) “Fynbo Gourmet Boysenberry Fruit Spread,” contains approximately 60 percent boysenberry, 30 percent sugar, 9 percent water, and trace amounts of lemon juice concentrate and pectin. (4) "Fynbo Gourmet Plum Fruit Spread, contains approximately 60 percent plum, 32 percent sugar, 7 percent water, and trace amounts of lemon juice concentrate and pectin. (5) “Fynbo Gourmet Fig Fruit Spread” contains approximately 60 percent fig, 26 percent sugar, 13 percent water, and trace amounts of lemon juice concentrate and pectin. |
| Reason: N/A |
| Ruling Date: Feb. 22, 2022 |
N323848: The tariff classification of fruit spreads from Denmark
| HTS: (1) 2007.99.2000, 3.5%, "Jams, fruit jellies, marmalades…other…jams…apricot." (2) 2007.99.2500,4.5%, "Jams, fruit jellies, marmalades…other…jams…cherry." (3) 2008.99.2800,9.6%, "Fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter … not elsewhere specified or included … other ... other ... figs." (4) 2007.99.0500, 1.8%, "Jams, being cooked preparations, whether or not containing added sugar or other sweetening matter . . . other...other...lingonberry and raspberry." (5) 2007.99.1000, 2.2%, "Jams, fruit jellies, marmalades…other…jams…strawberry." |
| Items: (1) “Fynbo Premium Apricot Fruit Spread,” contains approximately 50 percent apricots, 42 percent sugar, 7 percent water and trace amounts of citric acid (acidity regulator), fruit pectin (gelling agent) and potassium sorbate (preservative). (2) “Fynbo Premium Cherry Fruit Spread,” contains 50 percent cherries, 42 percent sugar, 7 percent water and trace amounts of citric acid, fruit pectin and potassium sorbate. (3) “Fynbo Premium Fig Fruit Spread,” contains approximately 50 percent figs, 38 percent sugar, 11 percent water and trace amounts of citric acid, fruit pectin and potassium sorbate. (4) “Fynbo Premium Lingonberry Fruit Spread,” contains 50 percent lingonberries, 44 percent sugar, 5 percent water and trace amounts of citric acid, fruit pectin and potassium sorbate. (5) Fynbo Premium Strawberry Fruit Spread,” contains 50 percent strawberries, 43 percent sugar, 6 percent water and trace amounts of citric acid, fruit pectin and potassium sorbate. |
| Reason: N/A |
| Ruling Date: Feb. 23, 2022 |
N324049: The tariff classification of stock concentrates from Australia
| HTS: (1) (3) 2104.10.0060, 3.2%, "Soups and broths and preparations therefor ... other ... other." (2) 1602.32.0040, 6.4%, "Other prepared or preserved meat, meat offal or blood…of poultry of heading 0105…of chickens…other." |
| Items: Three varieties of stock concentrates which can be made into liquid stock for soups but can also be used as a flavoring in savory meals. The stock concentrates contain no identifiable pieces of beef, chicken, or vegetables and are imported in the form of a thick puree or paste, having a consistency similar to a very thick soup. (1) “Organic Beef Stock Concentrate,” contains approximately 19.6 percent beef, salt, tomato, celery, carrot, onion, apple cider vinegar, garlic, herbs, and spice. (2) “Organic Chicken Stock Concentrate,” contains approximately 22 percent chicken, celery, salt, carrot, onion, apple cider vinegar, garlic, herbs, and spice. (3) “Organic Vegetable Stock Concentrate," contains celery, carrot, onion, salt, tomato, herbs, olive oil and garlic. |
| Reason: Organic Chicken Stock Concentrate contains greater than 20 percent by weight meat. Pursuant to Note 2 to Chapter 16, the product cannot be classified under "soups and broths" of heading 2104. |
| Ruling Date: Feb. 23, 2022 |
N324166: The tariff classification of the Visbody-R Explorer from China
| HTS: 9031.80.8085, 9903.88.01, Free + 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: A 3D body scanner with a turntable that slowly moves the user while taking measurements, handles for accurate analysis, and an RGB camera for gesture recognition. The device also has 3 intel depth cameras, an electrode body fat scale, and a 1080p LCD screen. The Visbody-R applies Instant Body Scans (IBS) and Direct Segmental Multifrequency Bioelectrical Impedance Analysis (DSM-BIA) technologies to measure body circumferences, body posture, shoulder measurement and body composition within 2mm accuracy. |
| Reason: N/A |
| Ruling Date: Feb. 23, 2022 |