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:
N326692: The tariff classification of a plastic Apple Airpods case cover from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” |
| Items: An “AirPods Silicone Case-Black,” made wholly from silicone plastic and is intended to be a protective cover for the AirPods charging case. This cover is specially designed to fit over the Apple AirPods 3 charging case and is not meant to be removed when in use. It is split approximately 70/30 with a silicone hinge connecting the two parts. |
| Reason: N/A |
| Ruling Date: June 30, 2022 |
N326693: The tariff classification of a luggage handle from Germany
| HTS: 3926.90.2500, 6.5%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [h]andles and knobs, not elsewhere specified or included, of plastics.” |
| Item: A plastic handle wrapped in leather for Rimowa luggage. The rigid handle base and handle holder supports are made from polyamide plastic with fiberglass reinforcement. The pins and nuts are made from galvanized steel. |
| Reason: The hard plastic handle core imparts the essential character to this article. |
| Ruling Date: June 30, 2022 |
N325089: The tariff classification of jewelry from China
| HTS: (1) 7116.20.0500, 9903.88.15, 5% + 7.5%, “Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: Of precious metal whether or not plated or clad with precious metal: Of silver, whether or not plated or clad with other precious metal: Other: Other.” |
| (2) 7113.11.5000, 3.3%, “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece: Other.” |
| Items: (1) A necklace packaged in a red jewelry box. The necklace consists of a sterling silver chain and a sterling round cartwheel pendant with a cubic zirconia stone in the center. (2) A necklace and a pair of earrings packaged together in a jewelry box. The necklace consists of a silver-plated base metal chain and a silver-plated base metal, flat, hexagon-shaped pendant. The pendant contains a letter C decorated with cubic zirconia stones. The earrings are silver-plated base metal prongs with one cubic zirconia stone each. |
| Reason: N/A |
| Ruling Date: June 29, 2022 |
N326377: The tariff classification of four rubberized textile fabrics from the United Kingdom
| HTS: 5906.99.2500, free, “Rubberized textile fabrics, other than those of heading 5902: Other: Other: Of man-made fibers: Other.” |
| Items: Woven textile fabrics wholly of nylon high tenacity yarns. All styles have been coated with a compact rubber material. Two styles contain plastic coating in addition to rubber; in both styles the rubber coating predominates by weight. In all styles, the rubber component does not exceed 70 percent by weight of the entire material. The styles submitted will be imported from the United Kingdom and will be used in the production of synchronous belts. |
| Reason: N/A |
| Ruling Date: June 29, 2022 |
N326387: The tariff classification of a dietary supplement from Canada
| HTS: 2106.90.9998, 6.4%, "Food preparations not elsewhere specified or included . . . other . . . other . . . other." |
| Item: Vitamin D Softgel Capsules with a potency of 1,000 International Units. The product is recommended to be used to help maintain and support the immune function for general health. It aids in the absorption and use of calcium and phosphorus, in the normal development and maintenance of bones and teeth, and in preventing Vitamin D deficiency. |
| Reason: N/A |
| Ruling Date: June 29, 2022 |
N326397: The tariff classification, country of origin, and eligibility of the United States-Mexico-Canada Agreement (USMCA) of hydration drink mixes from Canada
| HTS: (If imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17) 2106.90.9500, 10%, "Food preparations not elsewhere specified or included … other … other … articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17… described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions." |
| (If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached) 2106.90.9700 ¢28.8/kg + 8.5%, "Food preparations not elsewhere specified or included … other … other … articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17… other." |
| Country of Origin: Canada |
| USMCA Eligibility: Eligible |
| Items: Four varieties of hydration drink mixes. The drink mixes will be imported in powdered form and prepared in four different varieties – lemon lime, passion fruit, cherry, and watermelon. Ingredients common to all are sugar (Brazil), dextrose (Mexico), citric acid (Thailand), salt (U.S.), potassium citrate (Israel), sodium citrate (Israel), natural flavor (U.S.), dipotassium phosphate (Germany), ascorbic acid (China), vitamin B blend (U.S.), rebaudioside A (China), and silicon dioxide (U.S.). The natural flavor component will contain the specific flavor for each variety of the hydration drink mix (lemon lime, passion fruit, cherry, and watermelon). The products are prepared by refining imported cane sugar in Canada subsequent to mixing with other ingredients, blending and packaging in 2,200-pound supersacks for import to the U.S. Upon importation, the products will be repackaged for retail sale in 16-gram sticks, packed 6 sticks per carton. The ultimate consumer will be directed to empty the contents of the stick into 16 ounces of cold water and mix thoroughly to create a flavored beverage. |
| Reason: The tariff shift rule is met. |
| Ruling Date: June 29, 2022 |
N326592: The tariff classification of nonwoven polypropylene bags from Turkey
| HTS: (1) 4202.92.3131, 17.6%, "Provides for travel, sports, and similar bags: with outer surface of textile material: other: other: of man-made fibers." |
| (2) 4202.92.4500,20%, "Travel, sports, and similar bags: with outer surface of sheeting of plastic: other." |
| (3) 6307.90.9891,7%, "Other made up articles, including dress patterns: other: other: other: other: other." |
| Items: Reusable shopping-style tote bags constructed of nonwoven polypropylene (1) uncoated or (2) coated on the outer surface with plastic sheeting. The bags are designed to provide storage, protection, organization, and portability to groceries or other personal effects during travel. The bags each feature an open top and two reinforced handles. The panels are assembled with reinforced stitching. The bags are of a durable construction and suitable for repetitive use. They are of the class and kind sold directly to consumers on their own. (2) A t-shirt style bag composed of 100 percent nonwoven polypropylene textile material. To form the bag, the nonwoven fabric is folded over, heat sealed, closed along one side of the gusset, bottom, and top of both carrying handles, and die-cut to shape. These handles give the bag the appearance of a scoop neck t-shirt. The bag features an open top without a closure, an unlined interior, and is printed with the words “Thank You Have A Nice Day.” The bottom is not reinforced. The bag will be scored to fit onto a metal rack at the point of purchase in the retail store. |
| Reason: N/A |
| Ruling Date: June 29, 2022 |
N326651: The tariff classification of a bulk aviation transport tank from Canada
| HTS: 8609.00.0000, free, “Containers (including containers for the transport of fluids) specially designed and equipped for carriage by one or more modes of transport.” |
| Item: A Bulk Aviation Transport Tank Multi-Fuel, which is a collapsible double-wall transportation solution designed for fuel containment. The BATT Multi-Fuel is a pillow-shaped, collapsible, double-walled container. It is constructed from polyurethane sheeting reinforced with an embedded polyester or nylon fabric and equipped with a number of internal liquid stabilizing elements (baffles), an external built-in harness as well as fill, drain and vent fittings and lifting handles. |
| Reason: N/A |
| Ruling Date: June 29, 2022 |
N326731: The country of origin of a fiber optic terminal box
| Country of Origin: United States |
| Item: A fiber optic terminal box consisting of a fiber optic cable jumper assembly with connectors affixed at each end, enclosed within a dome-shaped plastic box. The boxes are used to provide fiber optic network connection within a commercial or private installation. You state that the two versions function identically with the difference being in the structure of the cable within the box. |
| Reason: The jumper assemblies impart the essential functional component of the finished item. The assembly process performed to manufacture the finished box in China is not significantly complex to substantially transform the jumper assemblies. |
| Ruling Date: June 28, 2022 |
N326783: The tariff classification of EPDM rubber mug from China
| HTS: 4016.99.0500, 9903.88.15, 3.4% + 7.5%, "Other articles of vulcanized rubber other than hard rubber:other: household articles not elsewhere specified or included." |
| Item: A mug composed of thermoplastic vulcanizate. Thermoplastic vulcanizate consists of ethylene-propylene-nonconjugated diene rubber crosslinked with a small percentage of polypropylene. |
| Reason: N/A |
| Ruling Date: June 28, 2022 |