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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:

N324701: The tariff classification of a textile cover from China

HTS: 6307.90.9891; 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.”
Item: A textile cover designed to cover a metal detector. The cover is composed of a top and two side panels constructed of 100 percent polyester woven fabric, dyed black and impregnated with polyvinyl chloride on the interior side. A clear PVC panel trimmed with a black 100 percent polypropylene woven binding comprises the front panel. The completed four-panel cover has an open bottom. The side panels are secured to each other with hook and loop tabs.
Reason: N/A
Ruling Date: March 31, 2022

N324842: The tariff classification of optical cables from India

HTS: 8544.70.0000, free, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Optical Fiber cables.”
Item: Optical fiber cables used to transmit telecommunications data signals in the form of light pulses over distance. The cables consist of numerous, individually sheathed optical fibers bundled together into tubes. Multiple tubes are incorporated into each cable, which are jacketed and bolstered with a strengthening member. This strengthening member is located either in the center of the finished cable or embedded in the outer jacket, depending on the final version of the cable.
Reason: N/A
Ruling Date: March 31, 2022

N324862: The country of origin of a device used for locating and tracking

Country of Origin: Philippines
Item: An electronic device that locates and tracks objects. This device is attached to an object and relays information regarding the location and movement of that object to a smartphone application. It is used in various settings including construction yards, manufacturing facilities, and hospitals. The manufacturing process begins with a PCBA that is manufactured in the Philippines. The Philippines-origin PCBA accounts for the majority of the device’s total manufacturing costs. The South Korean GPS is installed using surface mount technology (SMT) onto the PCBA in the Philippines. Next, the device is programmed in the Philippines with the code and tested. The PCBA has the capabilities necessary to perform the locating and tracking functions before leaving the Philippines. The PCBA is then shipped to China where it is assembled into the final product using China-origin plastic cases and other minor components. The Sense Asset+ devices are tested for functionality before being imported into the United States.
Reason: The manufacturing process that takes place in the Philippines to create the PCBA (the dominant component) is substantial and complex. The various electrical elements are transformed in the Philippines into a different article with a new name, character, and use.
Ruling Date: March 31, 2022

N324873: The tariff classification of stainless steel transfer needles from China

HTS: 7326.90.8688; 9903.88.03, 2.9% + 25%, "Other articles of iron or steel: other…other."
Item: A stainless steel disposable liquid transfer needle for transferring reagents and/or chemicals from one container to another in a research laboratory setting. The needles are not designed for medical, human, or drug use despite their resemblance to common hypodermic needles.” They are designed to be a disposable alternative to the currently available non-sterile, reusable stainless steel transfer needles. The subject needles consist of a standard polypropylene Luer lock base bonded to a hollow stainless steel needle with a bevel tip. The extended length transfer needles will be used for transferring hazardous, pyrophoric, or sensitive chemicals and solvents to and from containers. The transfer needles will be exported from China in boxes, each containing 10 bags of 200 needles. The needles will be shipped with their points individually protected with polyethylene safety sleeves to mitigate potential hazards from the sharp points.
Reason: N/A
Ruling Date: March 31, 2022

N324973: The tariff classification of a portable electric vacuum lifter from China

HTS: 8479.89.9599; 9903.88.03, 2.5% + 25%, “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: A portable electric vacuum lifter intended to lift and move cumbersome items of glass, metal, plastic, wood, ceramic tile, rough concrete, dry wall, rough slate or similar items. It can provide up to 170 kg. of grabbing force by operation of a vacuum pump. The pump has an inbuilt pressure sensor with an automatic start/stop feature that stops the pump when the vacuum in the base of the suction cup reaches -65 kPa. The pump will restart automatically if the vacuum level drops below this level. It operates with a rechargeable battery on a voltage of 14.8V Li-ion. A battery charger is provided with an input voltage of 100V-240VAC 50/60 Hz and output voltage of 16.8V DC.
Reason: N/A
Ruling Date: March 31, 2022

N325082: The tariff classification of N-Butyl Bromide (CAS 109-65-9) from China

HTS: 2903.69.1000; 9903.88.03, Free + 25%, "Halogenated derivatives of hydrocarbons: Brominated or iodinated derivatives of acyclic hydrocarbons: Other: Acetylene tetrabromide; alkyl bromides, other than methyl bromide (bromomethane); methylene dibromide; and vinyl bromide."
Item: N-Butyl Bromide (CAS 109-65-9) -- It is a primary alkyl halide also known as 1-Bromobutane.
Reason: N/A
Ruling Date: March 31, 2022

N321369: The tariff classification of imitation meat products from the United Kingdom

HTS: 2106.90.9995, 6.4%, "Food preparations not elsewhere specified or included…other…other…other…frozen."
Item: Hard Seltzer Base. It is said to contain 65 percent Water, 32 percent Glucose Syrup, 2.6 percent Pineapple Juice and 0.4 percent Lactic Acid. Glucose syrup is added to water, pasteurized, fermented with yeast and pineapple juice, fined, filtrated and stored. The finished product is said to have an alcohol by volume content of 14.5 percent. No flavoring or ethyl alcohol are added to the Hard Seltzer Base. Upon importation, the Hard Seltzer Base is further processed by adding sparkling water, flavoring, and/or sugar.
Reason: N/A
Ruling Date: March 30, 2022

N324671: The tariff classification of Bizzarro Bitter Aperitivo with Bengal Tonic from Australia

HTS: 2206.00.6000, ¢13.9/liter, "Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: other: Effervescent wine."
Item: Bizzarro Bitter Aperitivo and Bengal Tonic. It contains 21 percent Bizzarro Bitter Aperitivo (white vermouth), 71 percent carbonated water, 7 percent sugar syrup and 1 percent botanicals. The white vermouth is blended with water, sugar syrup and botanicals, infused with carbon dioxide and canned. The finished product contains 0.58 grams of carbon dioxide per 100 milliliters. Bizzarro Bitter Aperitivo with Bengal Tonic is packaged in 250ml ready-to-drink cans with an alcohol by volume content of 5 percent.
Reason: N/A
Ruling Date: March 30, 2022

N324672: The tariff classification of Bizzarro Bitter Aperitivo Spritz from Australia

HTS: 2206.00.6000, HTSUS, ¢13.9/liter, "Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: other: Effervescent wine."
Item: Bizzarro Bitter Aperitivo Spritz. It is said to contain 33 percent Bizzarro Bitter Aperitivo , 50 percent Vermentino , 15 percent carbonated water, 3 percent sugar syrup. The white vermouth is blended with white wine, water and sugar syrup, infused with carbon dioxide and canned. The finished product contains 0.58 grams of carbon dioxide per 100 milliliters. Bizzarro Bitter Aperitivo Spritz is packaged in 250 ml ready-to-drink cans with an alcohol by volume content of 12.75 percent.
Reason: N/A
Ruling Date: March 30, 2022