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:
N331759: The country of origin of an adjustable wrench
| Country of Origin: South Korea |
| Item: An adjustable wrench comprised of four components produced in two countries, South Korea and China. These components include the wrench body, adjustable jaw, knurl, and pin. |
| Reason: The processes and assembly operations performed in China do not constitute a substantial transformation of the wrench body and adjustable jaw that were manufactured in South Korea. |
| Ruling Date: April 6, 2023 |
N331764: The country of origin of pliers
| Country of Origin: South Korea |
| Item: Groove joint pliers, box joint pliers and water pump pliers. The pliers are designed with jaws that can adjust to multiple positions at a variety of widths, and have handles that are at an angle to the jaws. They are also characterized by a slip joint, which allows the user of the pliers to move the handles apart to increase jaw size and enlarge grip capacity. While the jaw size of the imported pliers differ, the manufacturing processes are the same. |
| Reason: The processes and assembly operations performed in China do not constitute a substantial transformation of the two main components of the pliers. These articles provide the principal characteristics of the finished pliers, are dedicated for use as such, and cannot be used for any other purpose. |
| Ruling Date: April 6, 2023 |
N331411: The tariff classification of 2023 Daihatsu Hijet Mini Dumper from Japan
| HTS: 8704.31.0020, 25%, “Motor vehicles for the transport of goods: Other, with only spark-ignition internal combustion piston engine: G.V.W. not exceeding 5 metric tons: G.V.W. not exceeding 2.5 metric tons.” |
| Item: A 2023 Daihatsu Hijet Mini Dumper. The vehicle is equipped with a 658 cubic centimeter spark-ignition internal combustion engine. |
| Reason: The vehicle was designed for on-road use in Japan. No evidence was provided to indicate that this vehicle has been deemed an “off-road” vehicle by the Department of Transportation. |
| Ruling Date: April 5, 2023 |
N331678: A classification and country of origin determination of bamboo shades
| Country of Origin: China |
| HTS: 4602.11.3500, 9903.88.03, free + 25%, “Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601…Of vegetable materials: Of bamboo: Other: Wickerwork:” |
| Item: The “Bamboo Misty Exterior Roller Shade.” The shades are designed to provide shade and privacy and are generally installed on patios, porches, or windows. The shades are constructed of sheets of very thin, flexible dowels of bamboo. The pieces have been laid side by side and held together at intervals with polyester textile yarns interwoven with the bamboo. Connected to the bottom of the shade is a bottom rail. Also attached are the operating system and mounting brackets. |
| Reason: The primary necessary portion of the shade was manufactured in China. |
| Ruling Date: April 5, 2023 |
N331689: The tariff classification of an outdoor table, dining chair, and lounge chair from China
| HTS: (1) 9403.20.0050, 9903.88.03, free + 25%, “Other furniture and parts thereof: Other metal furniture: Household: Other: Other.” |
| (2) 9401.79.0046, 9903.88.04, free + 25%, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Other: Other: Household.” |
| Items: (1) An outdoor coffee table with a circular tabletop. The tabletop and frame are made of aluminum. The tabletop is supported on a column made of the four vertical tubes that separate into four legs with plastic glides at the base of each leg. (2) Two styles of metal frame unupholstered seats. Seating is provided for a single individual. The seat contains no armrests, forward stretcher, rear stretcher, or side stretchers. The seat foundation, backrest, and the legs are constructed of aluminum metal; collectively, they comprise the frame of the seat. |
| Reason: N/A |
| Ruling Date: April 5, 2023 |
N328605: The tariff classification of polyethylene microporous sheets from China
| HTS: 3921.19.0000, 9903.88.02, 6.5% + 25%, "Other plates, sheets, film, foil and strip: of plastics: cellular: of other plastics." |
| Item: “PE Film” A thin microporous sheet of polyethylene film. The film is used as a lithium-ion battery separator. Its purpose is to physically block direct contact between the anode and cathode in the lithium-ion battery. It is a secondary battery component that prevents fire and explosion. It will be imported on a roll. |
| Reason: N/A |
| Ruling Date: April 4, 2023 |
N331354: The tariff classification of empty steel tanks and helium filled steel tanks from China
| HTS: (1) 2804.29.0010, 3.7%, "Hydrogen, rare gases, and other nonmetals: Rare gases: Other: Helium." |
| (2): 7311.00.0060, Free, "Containers for compressed or liquefied gas, of iron or steel: Certified prior to exportation to have been made in accordance with the safety requirements of sections 178.36 through 178.68 of title 49 CFR or under a specific exemption to those requirements: Other." |
| Items: (1) A steel welded cylinder tank that is filled with helium gas. The tank is made in China and then shipped to Canada where the tank will be filled with helium gas. The steel tank is for one-time use only and it is not refillable. (2) An empty, non-refillable steel welded cylinder tank. The tank is designed to hold helium gas to fill balloons. The upper half and lower half of the tank are welded together with a visible seam in the middle of the tank body. The tank has steel handles and a steel “Schrader” type valve that is fitted with a CGA165 port welded to the top of the tank. |
| Reason: N/A |
| Ruling Date: April 4, 2023 |
N331616: The tariff classification of a soldering station from China
| HTS: 8515.11.0000, 9903.88.01, 2.5%+ 25%, “Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, electron beam, magnetic pulse or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals or cermets; parts thereof: Brazing or soldering machines and apparatus: Soldering irons and guns.” |
| Item: Digital Soldering Station, model number MP740138, that consists of a soldering iron, soldering stand, and soldering station. A user plugs the soldering iron into the soldering station, whose main components include a transformer, PCBA, and LCD screen. The soldering station controls the delivery of electricity to a dual-core ceramic heater, which in turn determines the temperature of the tip on the soldering iron. The Digital Soldering Station functions as an electrically heated soldering iron and is designed for general use. |
| Reason: Electrically heated soldering irons are specifically provided for. |
| Ruling Date: April 4, 2023 |
N331617: The tariff classification of a vehicle vent condiment tray clip from China
| HTS: 8708.99.8180, 9903.88.03, 2.5% + 25%, “Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Other: Other: Other: Other: Other: Other." |
| Item: A Car Vent Condiment Tray (2 Pack). The item is made of polypropylene plastic and can attach to a vehicle air vent, in order to hold dipping condiments while driving. |
| Reason: N/A |
| Ruling Date: April 4, 2023 |
N331637: The tariff classification of a horse comb from China
| HTS: 9615.19.4000, 28¢/gross + 4.6%, “[c]ombs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: [c]ombs, hair-slides and the like: [o]ther: [c]ombs: [v]alued over $4.50 per gross.” |
| Item: A horse comb. The body of the comb is made from beechwood, and the teeth are metal. The comb is intended to smooth the coat and help collect loose hair. |
| Reason: N/A |
| Ruling Date: April 4, 2023 |