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:
N327207: The tariff classification of footwear from Cambodia
| HTS: 6403.91.6075, 8.5%, "Footwear with outer soles of rubber, plastics, leather, or composition leather and uppers of leather: other footwear: covering the ankle: other: other: for men, youths, and boys: other: other: for men: other." |
| Item: A closed-toe/closed-heel, man’s hiking boot, measuring approximately 7 inches tall. You declare the external surface area of the upper is comprised of 52 percent leather, 41 percent textile, and 7 percent rubber/plastics materials. The lightweight boot is designed with a lace closure, cushioned tongue, heel, and midsole. There is no foxing or foxing like band. The F.O.B. value is $41.00 per pair. |
| Reason: N/A |
| Ruling Date: Aug. 16, 2022 |
N327208: The tariff classification of footwear from Cambodia
| HTS: 6403.99.6075, 8.5%, "Footwear with outer soles of rubber, plastics, leather, or composition leather and uppers of leather: other footwear: other: other: other: other: for men, youths and boys: other: other: for men: other." |
| Item: A closed-toe/closed-heel, below-the-ankle, man’s hiking shoe. You state the external surface area of the upper is comprised of predominantly leather with the remaining balance consisting of textile and rubber/plastics materials. The lightweight shoe is designed with a lace closure, a cushioned tongue, heel, and midsole. There is no foxing or foxing-like band. The F.O.B. value is $36.37 per pair. |
| Reason: N/A |
| Ruling Date: Aug. 16, 2022 |
N327320: The tariff classification of aluminum parts of Automotive Particle Benches and Automotive Particle Analyzers from China
| HTS: 9027.90.5995: 9903.88.01, Free + 25%, “Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Microtomes; parts and accessories: Parts and accessories: Of electrical instruments and apparatus: Other: Other: Other.” |
| Items: Aluminum parts for gas detection merchandise, which include an Automotive Particle Bench and Automotive Particle Analyzer. The Automotive Particle Bench is a stand-alone bench used as a particle number counter within a particle number analyzer. The APB is fully integrated into the Automotive Particle Analyzer and sold as a complete turnkey optical particle number measuring instrument. The items are designed to measure tailpipe particulate emissions of diesel and gasoline cars and trucks to detect high emitters during a periodic technical inspection. The system uses an evaporator process along with an optical laser beam reader that determines the tailpipe particulate emissions. |
| Reason: Each of the aluminum articles are proprietary parts and applicable to Chapter 90. |
| Ruling Date: Aug. 16, 2022 |
N327376: The classification of a submersible pump from China
| HTS: 8413.70.2004, 9903.88.01, Free + 25%, "Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof: Other centrifugal pumps: Other: Submersible pumps." |
| Items: A utility and sump pump. The centrifugal submersible pump is powered by an electric motor and is designed to displace or transfer water from a flooded area. The multi-functional pump primarily consists of a casing, a discharge outlet, an intake grill, a base, an impeller, Viton seals, a grounded cord and is imported packaged with two multi-sized fittings: one for industrial-sized hoses and one for garden hoses. |
| Reason: N/A |
| Ruling Date: Aug. 15, 2022 |
N325438: The tariff classification of an artificial stone surface from China
| HTS: 6810.99.0080, 9903.88.03, Free + 25%, “Articles of cement, of concrete or of artificial stone, whether or not reinforced: Other articles: Other: Other.” |
| Items: The merchandise under consideration is referred to as “dolomite stone surface.” The surface consists of natural dolomite sand and quartz agglomerated with resin. It will be imported in slabs which measure 320 centimeters long by 160 centimeters wide by either 2 or 3 centimeters thick. The surface is designed for use as countertops, vanity tops and tabletops, and will be imported ready to install. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2022 |
N327097: The Tariff Classification of Pure Caviar Oil from the Netherlands
| HTS: 1603.00.9090, Free, “Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates: .. .Other ... Other.” |
| Item: Pure Caviar Oil obtained from the roe of farmed Siberian and Russian sturgeons by a gentle, low temperature, enzyme extraction process without the use of solvents. The extracted oil is then deodorized, winterized, refined, and mixed with natural tocopherols which serve as antioxidants. The oil will be utilized in food and cosmetics applications and has a strong nutritional profile, is low in saturates, and is high in monounsaturates with a balanced n-3:n-6 ratio, high in n-9. The Pure Caviar Oil will be packed in bulk sized metal drums with a net weight of either 20 or 190 kilograms. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2022 |
N327114: The tariff classification of a Segway Super Scooter from China
| HTS: 8711.60.0090, 9903.88.02, Free + 25%, “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without sidecars; sidecars: With electric motor for propulsion: Other” |
| Item: A Segway Super Scooter Model GT1AP. The GT1AP has a maximum speed of approximately 37.3 mph. The scooter contains an air-cooled hub motor has a maximum peak power of 3,000W. The GT1AP is equipped with five selectable riding modes: |
| Reason: N/A |
| Ruling Date: Aug. 11, 2022 |
N327126: The tariff classification of electric garden/utility cart from China
| HTS: 8704.60.0000, 9903.88.02, 25% + 25%, “Motor vehicles for the transport of goods: Other, with only electric motor for propulsion” |
| Item: A 4-wheeled cart which you state is used for the short distance of transport of goods in warehouses, farms, gardens, factories, parks, beaches, etc. The cart can be either electrically self-propelled or human-propelled. The vehicle is made of steel and has a vehicle weight of around 200 lbs. It has a loading capacity of around 500 lbs. It is equipped with two motors of 750W each, which are powered by a rechargeable lithium-ion battery. The handle is equipped with the controls that allows for self-propulsion. You state that you intend to import the cart as a completely built unit from China. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2022 |
N327175: The tariff classification of waterproof footwear from China
| HTS: 6401.92.9060, 37.5%, "Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes: other footwear: covering the ankle but not covering the knee: other: other: other." |
| Items: Three styles of men’s, closed-toe/closed-heel boot. The boot covers the ankle. The external surface area of the upper and the outer sole consist of 100 percent injection molded EVA rubber/plastics. The waterproof boot is completely lined with thick faux fur and edged with textile at the topline with minimal stitching. |
| Reason: The footwear cover the ankle. |
| Ruling Date: Aug. 11, 2022 |
N327183: The tariff classification of a musical carousel from China
| HTS: 8543.70.9860, 9903.88.02, 2.6% + 25%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” |
| Item: An animated musical carousel. The subject item resembles a miniature, circular carousel measuring approximately 12-inches in diameter. The carousel includes multiple animals with riders dressed in winter clothing. When powered on, the carousel rotates, and the animals go up and down as the unit plays up to eight pre-recorded, Christmas-themed songs. The carousel is powered by a DC adapter. |
| Reason: N/A |
| Ruling Date: Aug. 11, 2022 |