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:
N329158: The tariff classification of electrical connectors, a relay, a toggle switch, and a terminal from various countries
| HTS: (1) 8536.69.4040, free, “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not exceeding 1,000 V: Lamp holders, plugs and sockets: Other than lamp holders: printed circuit connectors.” |
| (2) 8536.41.0020, 2.7%, “Electrical apparatus for switching or protecting electrical circuits…for a voltage not exceeding 1,000 V: Relays: For a voltage not exceeding 60 V: Other: Electromechanical.” |
| (3) 8536.50.9040, 9903.88.01, free + 25%, “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches…), for a voltage not exceeding 1,000 V: Other switches: Other: Other: Other.” |
| (4) 8536.69.4040, 9903.88.01, free + 25%, “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not exceeding 1,000 V: Lamp holders, plugs and sockets: Other than lamp holders: printed circuit connectors.” |
| Items: (1) the 2.54 MM PCB Connector from Malaysia, which is a header and wire housing connector for use with a printed circuit board. The PCB connector is rated at 500 V. (2) A double-pole, double-throw electromechanical relay for use in low signal telecommunication applications. The relay is rated at less than 1 A and 3 VDC. (3) A single pole snap switch from China for use in general electrical circuit applications. The switch is rated at 250 VAC. (4) A header and wire housing connector from China for use in wire-to-board or wire-to-wire applications. The MTA connector is rated at 250 VAC. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N329159: The tariff classification of Christmas ornaments from China
| HTS: (1) 9505.10.1500, free, "Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of wood.” |
| (2) 9505.10.2500, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Items: (1) An assortment of two styles of holiday garlands sold separately packed in plastic boxes. Both are composed of man-made textile fabric and cord. The first style features the words “HO-HO-HO” spelled out in 2-ply felt textile letters. Interspersed with the design are felt snowflake and pom-poms. The second style features 2-ply felt textile gingerbread men, candy canes and pom-poms. The gingerbread men and candy canes also measure approximately 4.5” high by 2.25” wide. This item is marketed and sold exclusively as a decoration for Christmas. (2) An assortment of two styles of knitted acrylic textile wine bottle covers, sold separately, depicting “Ugly Christmas Sweaters” to slip over the neck of a bottle of wine or another beverage. Both styles of bottle covers do not insulate or protect the bottle, nor can they be used to carry the bottle, they are merely decorative. The first style features an image of Rudolph the Red-Nosed Reindeer, and the second style features an image of Santa. |
| Reason: These festive items will be more appropriately classified as Christmas decorations first and then according to their constituent materials. |
| Ruling Date: Nov. 16, 2022 |
N329169: The tariff classification of SILCOR® 900HA Part A & Part B from Belgium
| HTS: 3214.10.0020, 3.7%, "Glaziers’ putty, grafting putty, resin cements, caulking compounds and other mastics: Mastics: Other." |
| Item: A two-component, hand-applied liquid waterproofing system designed for use as a fully adhered waterproofing layer on new and existing elevated structural decks. The parts imported and intended to be used together, they cannot be used independently. The product’s composition includes polyamine resin, polyalcohol, and other substances. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N329256: The tariff classification of a Christmas star decoration from China
| HTS: 9505.10.2500, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.” |
| Item: A five-pointed metal wire star decoration, which features holly leaves and berries as well as other seasonal foliage affixed to the center of the star by a thin metal wire. The metal star comes in either gold or red and has a hanging loop and hook attached to the top of the star for hanging as a wall decoration. |
| Reason: The article will only be marketed and sold as a decoration for Christmas. |
| Ruling Date: Nov. 16, 2022 |
N329292: The tariff classification of polypropylene containers with lids from China
| HTS: 3923.90.0080, 9903.88.03, 3% + 25%, "Articles for the conveyance or packing of goods, of plastics: other: other." |
| Items: Polypropylene food containers. They are single compartment round trays with lid. The items are reusable, dishwasher and microwave safe. You indicate that these are used by restaurants to pack take-out orders. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N329324: The tariff classification of a women’s coat from China
| HTS: 6102.30.1000, 9903.88.15, 64.4¢/kg + 18.8% + 7.5%, "Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Containing 23 percent or more by weight of wool or fine animal hair." |
| Item: A women’s knee-length coat constructed from a 70% polyester, 30% wool knit fabric. The fully lined garment features a full front opening, a shawl collar, long hemmed sleeves, patch pockets, and a hemmed bottom. In addition, the garment includes a wrap closure secured with a self-fabric belt. |
| Reason: N/A |
| Ruling Date: Nov. 16, 2022 |
N328795: The tariff classification of Leuprolide Acetate Injection Kit in dosage form, from the Netherlands
| HTS: 3004.39.0050, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other, containing hormones or other products of heading 2937: Other: Other.” |
| Item: Leuprolide Acetate Injection is a synthetic nonapeptide analog of naturally occurring gonadotropin releasing hormone. It is indicated in the palliative treatment of advanced prostatic cancer. The injection is a sterile solution supplied in a 2.8 mL multiple-dose vial. The vial is packaged as a 14-day patient administration kit with 14 disposable syringes with fixed needles and 28 alcohol swabs. |
| Reason: The essential character of the kit is imparted by the Leuprolide Acetate. |
| Ruling Date: Nov. 15, 2022 |
N328796: The tariff classification of Leuprolide Acetate Injection Kit in dosage form, from India
| HTS: 3004.39.0050, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other, containing hormones or other products of heading 2937: Other: Other.” |
| Item: Leuprolide Acetate Injection is a synthetic nonapeptide analog of naturally occurring gonadotropin releasing hormone. It is indicated in the palliative treatment of advanced prostatic cancer. The injection is a sterile solution supplied in a 2.8 mL multiple-dose vial. The vial is packaged as a 14-day patient administration kit with 14 disposable syringes with fixed needles and 28 alcohol swabs. |
| Reason: The essential character of the kit is imparted by the Leuprolide Acetate. |
| Ruling Date: Nov. 15, 2022 |
N328875: The country of origin of a Liquid Flow Controller and a Flow Control Module
| Country of Origin: Singapore |
| Items: A liquid flow controller and qan integrated flow control module for slurries and chemicals that measure liquids and slurries and control liquid flows. They are designed to suit high purity applications for controlling the flow of water, chemicals, and slurries. These closed loops flow controllers come in various shapes and sizes to meet the installation requirements of large semiconductor equipment manufacturers. In addition, the flow controllers can also be used as standalone controllers in chemical dosing and flow control applications. |
| Reason: Various structural components are transformed in Singapore through a complex manufacturing, assembly, and calibration process. |
| Ruling Date: Nov. 15, 2022 |
N328954: The country of origin of a heat gun
| Country of Origin: China |
| Item: A heat gun, which features two fan speeds, a variable temperature control dial, and is rated at 1500 watts. The main components of the heat gun include a plastic molded housing that encompasses a heating element, motor-fan assembly, power switch, and power cord. The heat gun is designed to deliver hot air and can be used for various heating applications including heat shrinking, stripping paint, bending plastic, as well as general drying and thawing. |
| Reason: The heating element alone does not provide the essence of the finished heat gun. The heating element together with the motor and fan assembly allow a heat gun to deliver hot air and fulfill its intended function. Most of the other important components are made in China and the final assembly performed in Thailand is not complex. |
| Ruling Date: Nov. 15, 2022 |