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:
N328768: The tariff classification of foam stickers from China
| HTS: 3919.90.5060, 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: Other." |
| Item: A sheet of flat, pressure sensitive, self-adhesive, plastic foam stickers depicting fall harvests. The stickers will be used for decorating. They will be packaged for retail sale in a bag with fifty stickers each. |
| Reason: N/A |
| Ruling Date: Oct. 20, 2022 |
N328405: The tariff classification of polypropylene strip bags from India and Vietnam
| HTS: 4602.90.0000, 3.5%, “Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601;…: Other (other than of vegetable materials)." |
| Items: Bulk storage bags, in varying sizes and styles. The bags feature EZ open, open-mouth or pinch bottom styles. They are constructed of woven Biaxially-Oriented Polypropylene (BOPP) strips. The BOPP bags are coated with polyethylene resin and a laminated printed film. The bags can be used to package myriad products, including fertilizers, food, firewood, chemicals, powders, and building materials. |
| Reason: The majority of the woven BOPP strips used in the construction of the bags measure over 5 mm in apparent width, and therefore meet the definition of plaiting materials. |
| Ruling Date: Oct. 19, 2022 |
N328530: The tariff classification of women’s upper body garments from Vietnam
| HTS: (1) 6110.20.2079, 16.%%, "Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles: Of cotton: Other: Other: Other: Women’s or girls’: Other." |
| (2) and (3) 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Items: (1) A women’s cardigan constructed from 96 percent cotton and 4 percent spandex slub knit fabric. Due to the construction of the garment, the stitches cannot be counted. The cardigan features a self-fabric sewn-on placket beginning at the neck and continuing down the front panel, a full front opening without a means of closure, ¾ sleeves with self-fabric cuffs and a self-fabric sewn-on bottom that reaches to below the waist all the way around. (2) A women’s blouse composed of 58 percent cotton, 37 percent modal, 5 percent spandex jersey knit fabric that measures at least 10 or more stitches per linear centimeter in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a crew neckline, short sleeves, and a straight, hemmed bottom. (3) A 2-pack of women’s blouses all composed of 57 percent cotton, 38 percent rayon, 5 percent spandex jersey knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. Garment A is a loose-fitting garment that extends from the shoulders to below the waist and features a crew neckline, ¾ inch sleeves and a straight, hemmed bottom. Garment B is a loose-fitting garment that extends from the shoulders to below the waist and features a V-neckline, ¾ inch sleeves and a straight, hemmed bottom. |
| Reason: N/A |
| Ruling Date: Oct. 19, 2022 |
N328539: The tariff classification of a pet toy from China
| HTS: 6307.90.7500, 4.3%, “Other made up articles, including dress patterns: Other: Toys for pets, of textile materials.” |
| Item: A stuffed pet toy intended for use by dogs. The bone-shaped pet toy is composed of an outer shell of 100 percent polyester woven, dyed black fabric, and is stuffed with polyfiber. A layer of molded thermoplastic rubber with an all-over pattern of small spikes and ½ inch hexagonal cutouts is glued to the outer surface of one side of the toy. A black 100 percent polyester woven binding is sewn around the edges. The bone-shaped pet toy measures 8 ½ inches in length by 4 ½ inches in width and features an internal squeak mechanism. |
| Reason: The toy is a composite good consisting of a made-up textile fabric and TPR. The essential character of the pet toy to be the textile fabric. |
| Ruling Date: Oct. 19, 2022 |
N328554: The tariff classification of a handbag from Cambodia
| HTS: 4202.22.8100, 17.6%, "Handbags, whether or not with shoulder strap, including those without a handle, with outer surface of textile materials, other, other, of man-made fibers." |
| Item: A handbag constructed of 60% polypropylene and 40% cotton strips that measure less than 5mm in width. It is designed and sized to contain the small personal effects normally carried daily. It measures approximately 14” (L) x 5.25” (W) x 10.25” (H). |
| Reason: An article made of polypropylene strips 5 millimeters or less in width is considered to be made of textile materials. |
| Ruling Date: Oct. 19, 2022 |
N328679: The tariff classification of Fall Stencils from China
| HTS: 9017.20.8080, 9903.88.03, 4.6% + 25%, “Drawing, marking-out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, calipers), not specified or included elsewhere in this chapter; parts and accessories thereof: Other drawing, marking-out or mathematical calculating instruments: Other: Other.” |
| Items: Fall Stencils, which will be imported in two different packages. The first package contains “Thanksgiving” and “Truck” stencils. The second package contains “Pumpkin” and “Leaves” stencils. Each stencil measures 7 inches by 10 inches, are .35 millimeters thick and are made of polypropylene. The size, thickness and rigidity of the stencil allows for a drawing instrument, such as a pencil, to clearly follow the outline of the words and pictures. |
| Reason: N/A |
| Ruling Date: Oct. 19, 2022 |
N328698: The tariff classification of a WallpaperBuddy™ from China
| HTS: 7616.99.5190, 9903.88.03, 2.5% + 25%, "Other articles of aluminum, other, other…other." |
| Item: A hand-operated tool that assists in hanging wallpaper. It is designed to hold the wallpaper away from the wall while the top portion of the wallpaper is being applied to the wall. The item allows the user to use two hands to align and smooth the wallpaper against the wall. It is comprised of an aluminum telescopic shaft fitted with a plastic neck, top cap and freestanding base, and a reversible aluminum arm fitted with a plastic handle, spacers, mid-joiner and end cap. |
| Reason: N/A |
| Ruling Date: Oct. 19, 2022 |
N328399: The tariff classification of a PCB position sensor from Germany
| HTS: 8543.70.4500, 2.6%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft: Other." |
| Item: A sensor comprised of magnetic wire coils installed on the top of a printed circuit board (PCB). You state that this sensor will be used within the Trigen Sureshot Distal Targeting System, which is a surgical tool used to target the correct location and place screws within a patient to repair broken bones. |
| Reason: The sensor operates by reading a magnetic field, which in turn allows the surgeon to place the screw/nail in the proper location. It does not provide any measurements, but rather indicates the position relative to the device they are installed in. Therefore, the sensor is neither a measuring nor checking instrument for the purpose of Chapter 90. |
| Ruling Date: Oct. 18, 2022 |
N328523: The tariff classification of the MBOX Studio from China
| HTS: 8471.80.9000; 9903.88.03, free + 25%, “Automatic data processing machines and units thereof…: Other units of automatic data processing machines: Other: Other.” |
| Item: An enclosure having multiple audio control and/or user interface features on the top, and on the rear are numerous input and output sockets and connections. The function of the MBOX is to connect directly to an automatic data processing (ADP) machine for the purpose of editing audio files, where users have the ability to attach various electronic devices, such as musical instruments, microphones, pedals, keyboards, etc. to the MBOX and through the software residing on the ADP machine, edit the files. The MBOX is imported in a retail package containing the MBOX Studio, USB cables, a power adapter, and documentation. |
| Reason: N/A |
| Ruling Date: Oct. 18, 2022 |
N328536: The tariff classification and country of origin of a water softener control unit
| HTS: 9032.89.6085, free under USMCA, “Automatic regulating or controlling instruments and apparatus; parts and accessories thereof: Other instruments and apparatus: Other: Other: Other.” |
| Country of Origin: Mexico |
| Item: A control unit for a water softener. The basic function of the control unit is to monitor the water hardness through connection to sensors in the water softener assembly, and, once the hardness is measured, and based on the desired hardness settings, the program instructs the peripheral devices in the softener unit to release the necessary materials or chemicals into the water to maintain the target hardness levels. |
| Reason: The non-originating input materials from China, Malaysia, Taiwan, Philippines, Thailand, India, and the U.K. are all classified outside of heading 9032 and undergo substantial processing in Mexico to turn it into an article of heading 9032. Therefore, the tariff shift requirement is met. |
| Ruling Date: Oct. 18, 2022 |