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:
N326460: The tariff classification of a robotic vacuum cleaner from China
| HTS: 8508.11.0000; 9903.88.03, free + 25%, “Vacuum cleaners, parts thereof: With a self-contained electric motor: Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l.” |
| Item: The YEEDI Model DVX46, K850+. The K850+ is in a round shape measuring approximately 508mm in diameter and 474mm in height. This model is rated 40W with the dust bin capacity of 300 ml and designed for domestic use only. |
| Reason: N/A |
| Ruling Date: June 23, 2022 |
N326474: The tariff classification of pressure sensitive plastic tape from China
| HTS: 3919.90.5030, 9903.88.02, 5.8% + 25%, "Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: other: other: electrical tape." |
| Item: A pressure sensitive adhesive tape composed of polyethylene terephthalate plastic. This tape contains an acrylic plastic adhesive coating on one surface. The tape will be imported in 1020 mm width rolls. This tape is typically spirally wrapped onto multiconductor cables to bind the conductors together and protect the conductors from filling materials and jacketing compounds. |
| Reason: N/A |
| Ruling Date: June 23, 2022 |
N326484: The tariff classification of a chewable oral brush from Mexico
| HTS: 9603.21.0000, free, “[b]rooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): [t]oothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: [t]oothbrushes, including dental-plate brushes.” |
| Item: A chewable oral brush. It is constructed from injection molded plastic in a triangular shape with bristles along each of the three sides. The brush is impregnated with a solution to aid in this article’s intended function of freshening the user’s breath. |
| Reason: The brush component would impart the essential character over the solution. |
| Ruling Date: June 23, 2022 |
N326533: The tariff classification of a fishing vest from Vietnam, Burma, or Indonesia
| HTS: 6211.43.1076, 16%, "Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers: Other: Vests: Other." |
| Item: A unisex fishing vest. The front panels, back yolk and lumbar are composed of 100% nylon dobby woven fabric. The garment has a front zippered opening; a pouch with a zipper closure attached to each front panel; pockets at the waist with zippered closures; a strap with an adjustable buckle on each side of the waist and a pocket with a zipper closure on the lumbar panel. |
| Reason: The woven fabric comprises over 60 percent of the garment’s body. The woven fabric is greater than the remaining components and imparts the essential character of the garment. |
| Ruling Date: June 23, 2022 |
N326613: The tariff classification of men’s and women’s jackets from Vietnam
| HTS: (1) 6202.40.7511, 27.7%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: Of man-made fibers: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Other: Other: Other: Other: Other: Women’s." |
| (2) 6201.40.7511, 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: Of man-made fibers: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Other: Other: Other: Other: Other: Men’s." |
| Items: (1) A women’s hip-length jacket constructed from 90% polyester, 10% spandex woven fabric fully lined with 92% polyester, 8% spandex knit fabric. The garment features a full front opening with a zipper closure that extends to the top of a stand-up collar, pockets below the waist, adjustable snap tabs at the waist, long sleeves with elastic bound cuffs, and an elastic bound hem. The garment also contains a cell phone pocket in the interior, left front panel. (2) A men’s hip-length jacket constructed from 77% polyester, 20% rayon, 3% spandex woven fabric. The garment features a full front opening with a reverse coil zipper closure that extends to the top of a stand-up collar, an inner storm flap, long sleeves with ribbed knit cuffs, and a ribbed knit bottom. In addition, the garment contains slant pockets below the waist, a zippered chest pocket, and interior pockets in the front panels. |
| Reason: N/A |
| Ruling Date: June 23, 2022 |
N326355: The tariff classification of a bitumen and diluent blended product from Canada
| HTS: 2709.00.1000, 5.25¢/barrel, "Petroleum oils and oils obtained from bituminous minerals, crude: testing under 25 degrees A.P.I." |
| Item: A bitumen and diluent blended crude oil product. The extracted bitumen is separated from existing water by mixing with diluent. Additional diluent is added to allow the bitumen to be transported by pipeline to a processing facility. At the facility, the diluent will be separated from the crude product. The diluent will be sold in the Canadian market. The remaining product will be a crude oil product containing a small percentage of diluent and having an API gravity testing within the heavy crude range. It is not a refined product. The product is a non-hazardous and non-flammable product that will be transported in dedicated rail cars to the U.S. Gulf Coast for further processing. |
| Reason: N/A |
| Ruling Date: June 22, 2022 |
N326374: The tariff classification of fishing rod holders from China
| HTS: 9507.10.0080, 6%, "Fishing rods, fish hooks and other line fishing tackle…parts and accessories thereof: fishing rods and parts and accessories thereof, parts and accessories." |
| Items: Fishing rod holders which are designed to be installed in a boat. The products are intended for use while actively fishing. The purpose of the rod holders is to create a wide spread to prevent trolling tangles when fishing with multiple rods at the same time. One of the fishing rod holders is made of aluminum and the other is composed of stainless steel. The rod holders include screwless flush mount stainless steel rod holder, flush mount stainless steel rod holder, aluminum clamp-on rod holder, aluminum outrigger rod holder, and aluminum transom rod holder. |
| Reason: Although the products may be used to facilitate the storage and handling of the fishing rods on a boat, they are intended for use while actively fishing. |
| Ruling Date: June 22, 2022 |
N326381: The tariff classification of a metal bikini bra top from China
| HTS: 7419.80.5050, 9903.88.03, free + 25%, "Other articles of copper, other, other…other." |
| Item: A bikini bra top (not swimwear). The top is constructed of copper, zinc, and glass, and has a knit polyamide and elastane textile lining. |
| Reason: The bikini bra top is composed of more than one metal. Composite articles of base metal containing two or more base metals are to be treated as articles of the base metal that predominates by weight over each of the other metals. The metal in the bikini bra top that predominates by weight is copper. |
| Ruling Date: June 22, 2022 |
N326383: The tariff classification of a Boot Hoof Pick from China
| HTS: 8205.59.5510, 9903.88.03, 5.3% + 25%, "Handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools or water-jet cutting machines; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: Other handtools (including glass cutters) and parts thereof: Other: Other: Other: Edged handtools: Other." |
| Item: A Boot Hoof Pick used for cleaning and removing dirt, debris and rocks from horses’ hooves. It is made of a plastic handle, which is in the shape of a boot, and a steel pick. You have stated that the dimensions of the Boot Hoof Pick are approximately 3.25 inches for the boot part and 2.25 inches for the steel pick. The total height of the Boot Hoof Pick is 5.5 inches. The width is approximately 3/4 inch. |
| Reason: N/A |
| Ruling Date: June 22, 2022 |
N326395: The tariff classification of plastic decorative containers from China
| HTS: 3926.40.0090, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: [s]tatuettes and other ornamental articles: [o]ther.” |
| Item: A decorative, fillable container shaped to look like a wrapped piece of hard candy and is made wholly of clear polypropylene plastic. The “candy” measures 1.625 inches high by 3.375 inches long by 1.875 inches wide and will be sold four pieces per package. |
| Reason: N/A |
| Ruling Date: June 22, 2022 |