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:
N330633: The tariff classification of two decorative pillows made in China
| HTS: 9404.90.2090, 9903.88.15, 6% + 7.5%, Pillows, cushions and similar furnishings: Other, Other. |
| Item: Two decorative pillows, consisting of a 100% knit polyester shell with a 100% polyester filling. The pillow shell is printed with a stylized multi-colored skull face on white fabric in a Day of the Dead or calavera motif. It comes in two styles, but with only one item number. There are no protruding appendages. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2023 |
N330703: The tariff classification of a seat from Vietnam
| HTS: 9401.61.6011, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Upholstered: Other: Other household.” |
| Item: A rectangle shaped upholstered bench seat constructed of a plywood frame and exposed lucite plastic leg components. Seating is provided for one or more individuals. The bench has no armrests or backrest, and a storage cavity is not present. A cushion constructed of foam encased in 100% polyester material is permanently affixed to the seat foundation and frame. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2023 |
N330710: The tariff classification of the “Bubble and Cool Fan” from China
| HTS: 9503.00.0071, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: Under 3 years of age.” |
| Item: The “Bubble and Cool Fan," which features a plastic reservoir for storing bubble solution, and a rubber strap for securing to a stroller, grocery cart, or other area an infant or toddler may temporarily sit. On top of the plastic reservoir is a small electric motor, a fan, and plastic components (wands) used to blow bubbles. The plastic components are decorated to represent a friendly lion. In the first mode of operation, the machine is tilted upwards, and the bubble solution is pumped onto the bubble wand wetting platform that is in front of the fan. When the bubble blower is turned on, the wands will rotate and get covered with the bubble solution. In the secondary mode of operation, the machine is tilted downwards which disengages the pump so that the bubble solution does not get pumped into the wands. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2023 |
N330772: The tariff classification of Carbonyl Fluoride, CAS # 353-50-4, from China
| HTS: 2812.90.0090, 9903.88.03, 3.7% + 25%, "Halides and halide oxide of nonmetals: Other: Other." |
| Item: A chemical compound named Carbonyl Fluoride. This compound is a colorless gas with the chemical formula COF2. We have determined that the subject product is a halide of carbon also known as a carbon oxohalide. |
| Reason: Based on the information provided, CBP presumes the subject product is a pure chemical compound, which meets the conditions of Note 1 to Chapter 28. |
| Ruling Date: Feb. 14, 2023 |
N330859: The tariff classification of polypropylene container from China
| HTS: 3923.10.9000, 9903.88.03, 3% + 25%, "Articles for the conveyance or packing of goods, of plastics: boxes, cases, crates and similar articles: other." |
| Item: The InnoVera Blood Sample Transfer Container. The sample container is a narrow rectangular polypropylene box with a hinged lid that clicks into place. The container is used to securely transfer small vials of blood or urine to a laboratory for athlete anti-doping testing. |
| Reason: N/A |
| Ruling Date: Feb. 14, 2023 |
N330515: The tariff classification of tackle bags from Cambodia
| HTS: 4202.92.4500, 20%, "Travel, sports, and similar bags, with outer surface of sheeting of plastic, other." |
| Item: Three tackle bags designed to provide storage, protection, portability, and organization for articles associated with the sport of fishing. The articles are constructed of textile material that is coated with a sheeting of plastic on the outermost surface of the bags. |
| Reason: The essential character of each set is imparted by the bag. |
| Ruling Date: Feb. 13, 2023 |
N330768: The tariff classification of a Yard Maintenance Set from Vietnam
| HTS: 8433.11.0010, free, “Harvesting or threshing machinery, including straw or fodder balers; grass or hay mowers…, parts thereof: Mowers for lawns, parks or sports grounds: Powered, with the cutting device rotating in a horizontal plane: Electric mowers, including battery operated. |
| Item: The Greenworks Mower/Axial Blower/String Trimmer Set, which will include a brushless cordless lawn mower, a cordless string trimmer, a cordless blower, a lithium-ion 2.0Ah battery, and a 30-minute rapid charger. The lawn mower is a push style mower that is powered by a battery-operated electric motor. The lawn mower is capable of bagging, mulching or side discharge. The trimmer uses an electric motor to spin a trimming head. The trimming head has a nylon “string” that can cut weeds and grass. The blower is powered by a battery-operated electric motor. It has an axial fan inside that directs the air at variable speeds up to 500 CFM through a nozzle to move debris. The blower is used to clean leaves and debris off lawns and patios. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2023 |
N330919: The tariff classification of a Christmas decoration from China
| HTS: 9505.10.1500, free, "Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of wood.” |
| Items: Two styles of a three-dimensional, mitten-shaped, tabletop decoration. The free-standing item is primarily composed of medium density fiberboard wood with a printed paper overlay on the front face. The first mitten style features the word “JOY,” surrounded by images of snowflakes and three sprigs of holly leaves displayed prominently along with another holly sprig displayed with holly berries on the letter “O” in the word Joy. The second mitten style features the words “MERRY CHRISTMAS” on the front along with images of foliage and a reindeer. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2023 |
N330930: The tariff classification of a Christmas Shelf-Sitter 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: An assortment of two styles of a shelf-sitter decoration. The item is made of man-made knitted textile fabric with polyester fiberfill to provide shape, gravel is added to provide weight, allowing the shelf sitters to sit upright on a flat surface. Both styles depict smiling, seated reindeer figures wearing colorful pullover ski-type sweaters with scarves tied at their necks. The shelf-sitters are marketed and sold exclusively as decorations for Christmas. |
| Reason: N/A |
| Ruling Date: Feb. 13, 2023 |
N330392: The tariff classification of a mobile produce trailer from China
| HTS: 8716.40.0000, 9903.88.03, free + 25% “Trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof: Other trailers and semi-trailers." |
| Item: A mobile produce trailer, which weighs approximately 1,000 kilograms. The trailer has wiring for tail lights since it is towable, and has one internal light fixture. It does not contain an engine or any other equipment. The shelving to display and store the produce will be installed by the manufacturer before importation. The trailer is intended to be stationary and permanently parked on the side of a farm to sell fresh produce. |
| Reason: While it is not intended to be used for travel or on public roads, it is equipped to do so and will be classified as such. |
| Ruling Date: Feb. 10, 2023 |