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:
N324366: The country of origin of a pin pad device
| Country of Origin: Taiwan |
| Item: A pin pad device consisting of a top cover module, keypad, case, battery, PCBA , an LCD, and integrated circuit. It is designed for PCI PTS 5.0 with swiping, EMV, PIN entry, and NFC/contactless reading capabilities into a small integrated handheld peripheral that can connect into a multitude of devices including terminals, POS systems, and ECRs. The top cover module (made from plastic and cannot properly function without the main board) and the potting cover module are imported from China to Taiwan to be assembled with other modules or components to manufacture the finished PINPad. The manufacturing processing scenario in Taiwan for the country of origin determination of the PINPad is described as follows. The manufacturing process includes the production of the main board, final assembly and product testing. |
| Reason: The components are imported into Taiwan where they are manufactured into different subassemblies/modules, which are ultimately assembled into the subject PINPad. The processing performed in Taiwan with respect to the PINPad in the scenario does constitute a substantial transformation. |
| Ruling Date: March 11, 2022 |
N324275: The tariff classification of Trimethylpropane Poly(oxypropylene) triamine (CAS #39423-51-3) from China
| HTS: 3907.29.0000, 9903.88.02, 6.5% + 25%, "polyacetals, other polyethers and epoxide resins, in primary forms: other polyethers: other." |
| Item: AMT-403 is trimethylpropane poly(oxypropylene) triamine (CAS #39423-51-3). Laboratory analysis revealed that this product is a polyether prepolymer. The product is mainly used as an epoxy resin curing agent, but is also widely applied to other uses. |
| Reason: N/A |
| Ruling Date: March 10, 2022 |
N324480: The applicability of subheading 9801.00.10 to various garments from Portugal
| HTS: 9801.00.10, Free (assuming duties were paid upon original entry), "Products of the United States when returned after having been exported, or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad." |
| Item: Articles of men’s apparel from Portugal, such as suits, blazers, trousers, vests, and coats. Empire will import these goods into the United States and pay all applicable duties, taxes, and fees at time of entry. The goods will subsequently be exported to Canada, where they will be held in Empire’s warehouse until orders are received from United States retailers. While in the Canadian warehouse, the items will not be advanced in value or improved in condition by manufacture or other means, although they may be repackaged, re-pressed, and/or ticketed. The goods will be reimported into the United States within three years after having been exported to Canada. |
| Reason: N/A |
| Ruling Date: March 10, 2022 |
N324526: The tariff classification of a four-piece BBQ tool set from China
| HTS: 8215.20.0000 / 6211.43.1091, 9903.88.24, 16% + 7.5%, "[s]poons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof: [o]ther sets of assorted articles.” / "Track suits, ski-suits and swimwear; other garments: Of man-made fibers: Other: Other (659)." |
| Item: A BBQ set that includes three stainless-steel tools and an apron and is intended for use while grilling at backyard barbecues. The tools include a two-tine fork, a spatula, and tongs, with all of them having stainless-steel handles. The apron is made wholly from woven polyester, has the word “DAD” printed across the front, and features pockets and loops to hold the tools and other items while barbecuing. |
| Reason: As this is a set for classification purposes and contains multiple articles of heading 8215, it is specifically provided for under subheading 8215.20. It would be classified within this subheading utilizing General Rule of Interpretation (GRI) 1 and would not be considered a GRI 3(b) set. Further, the apron merely provides the rate of duty as it holds the highest rate and is not considered as having imparted the essential character to this set. Due to this provision deriving its duty rate from a separate classification, it is reported with a primary and secondary classification as indicated below. |
| Ruling Date: March 10, 2022 |
N320982: The tariff classification of Setmelanotide Acetate (CAS No. 1504602-49-6) in bulk form, from Taiwan
| HTS: 2937.19.0000, Free, “Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof, including chain modified polypeptides, usedprimarily as hormones: Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues: Other.” |
| Item: Setmelanotide Acetate is a melanocortin 4 receptor agonist for chronic weight management of obesity due to proopiomelanocortin, proprotein convertase subtilisin/kexin type 1 or leptin receptor deficiency. Setmelanotide is a synthetic peptide that is based on the structure of the natural hormone a-MSH. It is an a-MSH receptor agonist and a hormone analogue of a-MSH. |
| Reason: N/A |
| Ruling Date: March 9, 2022 |
N324390: The tariff classification and applicability of 9802.00.60 to copper strands manufactured from scrap gathered in the United States and returned to the United States for further processing
| HTS: 7413.00.1000, 9802.00.6000, Free (duty only upon the value of the foreign processing contingent upon compliance with applicable regulations), "Stranded wire cables, plaited bands and the like, including slings and similar articles, of copper, not electrically insulated: not fitted with fittings and not made up into articles: stranded wire." |
| Item: Copper strand produced from U.S. origin industrial scrap. The scrap will be exported to Turkey where it will be processed into wire rods. Second, the copper wire rods will be drawn to create copper wire of different gauge. Third, the copper wire will be bunched and twisted to create wire strand. At this point, the copper wire strand will be returned to the U.S. where it will be further processed into cable by adding insulation. |
| Reason: For purposes of subheading 9802.00.60 “metal” includes “base metals enumerated in note 3 to section XV,” which in turn includes copper. The metal article from which the scrap was obtained was subjected to a variety of processes of manufacture in the U.S. The conversion of copper scrap to copper wire strands, imparts new and different characteristics to the copper, constituting “further processed.” The process of insulating copper wire strand and the subsequent fabrication of insulated cable constitutes “further processed” in the U.S. |
| Ruling Date: March 9, 2022 |