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:
N326678: The tariff classification of footwear with a lighted tongue from China
| HTS: (1) 6403.99.6040, 8.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: not sports footwear; footwear with outer soles of rubber or plastics which does not cover the ankle; other than welt footwear; for men, youths and boys: tennis shoes, basketball shoes, gym shoes, training shoes and the like, for men: other." |
| (2) 6403.99.9031, 10%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear: other: other: other: other: for other persons: valued over $2.50/pair: other: tennis shoes, basketball shoes, and the like, for women: other." |
| Items: Boardwalk and Crosswalk, available in (1) men’s and (2) women’s sizes, are closed-toe/closed-heel, laced-up sneakers that do not cover the ankle. The sneakers have rubber/plastics outer soles. According to exterior surface area measurements provided via email, the constituent material of the uppers is predominantly leather. The sneakers have a LED light at the top of each tongue that can be turned on or off with a button inside the back of the tongue. The lithium-ion batteries that power the lights are charged via dual USB charging ports located under the on/off switches in each tongue. Each pair will be imported with a dual charging cable and instruction booklet in a pouch. |
| Reason: N/A |
| Ruling Date: July 12, 2022 |
N326727: The tariff classification of gluten-free pasta from Italy
| HTS: 1902.19.2030, free, "Pasta, whether or not cooked or stuffed… uncooked pasta…other…exclusively pasta…product of a European Union (EU) country…other." |
| Item: Gluten-free pasta: Red Lentil Fusilli, Chickpea Gnocchetti, Green Pea Penne, Rice & Corn Penne, Rice & Corn Tagliatelle, and Gluten-free Rice & Corn Gnocchetti. |
| Reason: N/A |
| Ruling Date: July 12, 2022 |
N326733: The tariff classification of Mochi Ice Cream from Great Britain
| HTS: 2105.00.5000, 17%, “Ice cream and other edible ice, whether or not containing cocoa: Other: Other.” |
| Item: Tropical Passionfruit & Mango Ice Cream Mochi composed of sugar, coconut milk, mango puree, rice flour, water, cashew drink, passionfruit puree, coconut oil, glucose syrup, trehalose, tapioca flour, emulsifiers, stabilisers, natural flavor, salt, natural food colors. |
| Reason: The presence of a fuse or the insulative properties of the molded housings for each of the MSDs, does not diminish the principal function of electrical connection. |
| Ruling Date: July 12, 2022 |
N326756: The tariff classification of pillowcases from China
| HTS: 6302.39.0030, 9903.88.15, 4.3% + 7.5%, “Bed linen, table linen, toilet linen and kitchen linen: Other bed linen: Of other textile materials: Other: Other.” |
| Item: A pillowcase composed of 100 percent silk woven, dyed, fabric on one face and 100 percent cotton woven, dyed, fabric on the other face. The fabrics are neither printed nor napped. The fabrics are sewn together on three edges with a hemmed opening on the fourth. The finished pillowcase has no embroidery, lace, braid, edging, trimming, piping or applique work. |
| Reason: N/A |
| Ruling Date: July 12, 2022 |
N326845: The classification, country of origin and marking of a signaling device
| HTS: 8531.20.0040, 9903.88.03, free + 25%, “Electric sound or visual signaling apparatus...: Indicator panels incorporating liquid crystal devices (LCD's) or light emitting diodes (LED): Other.” |
| Country of Origin: China |
| Item: An electronic device for use within a vehicle. Glow is marketed as a tool for riders and drivers to identify a vehicle as a Lyft ride. It is a light-up panel that attaches to a vehicle's dashboard to help riders recognize the car as their Lyft driver. |
| Reason: The manufacturing process that takes place within China to create the PCBAs is substantial and complex and the various non-Chinese components sourced from various other countries are transformed within China into a different article with a new name, character, and use. |
| Ruling Date: July 12, 2022 |
N326949: The tariff classification of plant supports from China.
| HTS: 4421.99.9880, 9903.88.03, 3.3% + 25%, "Other articles of wood: Other: Other: Other: Other: Other." |
| Items: A packaged pair of two plant support poles. Each measures 20 inches long and 2 inches in diameter. They are Eucalyptus wood with an outer sheath of plastic, providing additional strength and an opening on one end. The coir fibers are designed to hold moisture. One end of the pole is tapered into a blunt point for insertion into the soil. The other end is open to allow an identical pole to be attached to extend the overall length. |
| Reason: N/A |
| Ruling Date: July 12, 2022 |
N326710: The tariff classification of lithium-ion batteries from China
| HTS: 8507.60.0020, 9817.00.96, 3.4% + 7.5%, “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Lithium-ion batteries: Other.” |
| Item: A rechargeable lithium-ion battery consisting of eight lithium-ion cells enclosed in a rectangular housing with a nominal voltage of 14.4 Volts and a 6.4 Ah capacity. The battery is specially designed and exclusive to the Inogen G5V2 BA-508 portable oxygen concentrator. The Inogen oxygen concentrator is solely battery powered and used in the treatment of diseases such as heart failure, cystic fibrosis, and chronic obstructive pulmonary disease , a progressive debilitating lung disease. During use, the rechargeable battery stores and provides power to the portable oxygen concentrator. |
| Reason: N/A |
| Ruling Date: July 11, 2022 |
N326714: The tariff classification of the Toy Space and Planetarium Projector from China
| HTS: 9008.50.1000, 7%, “Image projectors, other than cinematographic; photographic (other than cinematographic) enlargers and reducers; parts and accessories thereof: Projectors, enlargers and reducers: Slide Projectors.” |
| Item: A projector for children designed to project images of the sky onto a ceiling or wall. It is tubular in shape and made primarily of plastic. One end of the tube is dome shaped and is used for viewing the star slides, while the other side has a flatter lens to view the planetary images. There are three plastic wheels each containing eight photographic slide images of the stars, planets, nebulae and other celestial items of interest. A light is projected through the slide to show the images. The device is powered by 3 AA 1.5V alkaline batteries (not included). |
| Reason: N/A |
| Ruling Date: July 11, 2022 |
N326779: The tariff classification of electrical boxes and cables from India
| HTS: (1) 8544.49.3080, 5.3%, “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: Other electrical conductors, for a voltage not exceeding 1,000V: Other: Other: Of copper: Other." |
| (2) 3926.90.9985, 3.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” |
| Items: (1) A cable constructed of multiple copper conductors enclosed within polyvinyl chloride (PVC) sheathing. You state that the cable is imported on reels without electrical connectors at either end. The cable is rated at 600V and used in various residential wiring scenarios. (2) An assortment of PVC electrical boxes. They will be used to hold wiring for switches in the home. |
| Reason: N/A |
| Ruling Date: July 1, 2022 |
N326868: The tariff classification of stacked connectors from China
| HTS: 8537.10.9170, 9903.88.03, 2.7% + 25%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” |
| Items: An RJ45 type stacked modular connector jack having two rows of four RJ45 sockets. The stacked connector is designed to be soldered to a printed circuit board (PCB) and consists of metal shielding, a plastic shell, and a molded plastic base with protruding electrical contact pins. The contact pins are intended to be soldered onto a PCB to provide for electrical connections in data communications equipment. |
| Reason: N/A |
| Ruling Date: July 11, 2022 |