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:
N332358: The country of origin of dimmer switch assemblies
| Country of Origin: China |
| Item: In-wall dimmers and switches, which are plastic housings incorporating printed circuit board assemblies, external paddle-style switch operators, and LED indicators. The dimmer switch assemblies are intended for use in lighting applications where users can control lights manually or through a Z-Wave wireless functionality. |
| Reason: The dominant component of each dimmer switch is its PCBA, which is not only responsible for making the electrical connections and providing a base for the electrical contacts, but also contains the micro switches that are soldered onto the board. The assembly work of soldering numerous electrical components onto a bare PCB is considered complex and meaningful, where it substantially transforms the individual components into a new article with a function distinct from the parts that are assembled. With the exception of each dimmer switch’s processor IC, which we would note are also mounted onto the PCBA, every component and part of the dimmer switches, such as electronic components, electrical contacts, the bases, and the shells, are all of Chinese origin. |
| Ruling Date: May 5, 2023 |
N332367: The tariff classification of a Hydroponic Growing System from Canada
| HTS: 8424.82.0090, 2.4%, “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other appliances: Agricultural or horticultural: Other.” |
| Item: A hydroponic growing system, which is a multi-tiered shelving system designed to grow flora and vegetation. The system has lights, a pump, baskets, shelves, trays, tubing and various other accessories to create a complete growing environment. The system uses a submersible pump that is installed in a water tank in the lower cabinet. The pump brings water from the tank to the top level of the system, which allows the water to flow through each layer until all plants are watered. The tubing carries the water to the top of the system and can also be used with the pump to empty the tank for maintenance operation. There are two LED lights per level and operate on a timer. The system is constructed of 60% plastic material and 40% metal material and is imported in two retail boxes. The system is designed and marketed for use in schools. |
| Reason: N/A |
| Ruling Date: May 5, 2023 |
N332222: The tariff classification of an aluminum clip and cap prototype from China
| HTS: 8302.42.3065, 9903.88.15, 9817.85.01, free, "Base metal mountings, fittings and similar articles… Other mountings, fittings and similar articles, and parts thereof: Other, suitable for furniture: Of iron or steel, of aluminum or of zinc; Other." |
| Items: A clip and a cap made of aluminum A16061-T6. The clip and cap are fit onto the leg of a mobile desk to contain an electrical cable and to secure a plastic shroud/covering over the cable. The clip is a cylinder with a U- shaped channel at one end and a screw hole at the other. The sides of the channel are externally threaded. The cap is an internally threaded disk. The non-threaded end of the clip is placed over a screw hole on the post/leg of the mobile desk. A wood screw is inserted through the hole in the bottom of the clip to attach the clip to the wood post/leg. Three clips are attached down the leg of the desk. Cable is run through the U portion of the clips, the plastic shroud/covering is placed over the cable and clips, and then the caps are threaded on to the clips to secure the shroud and provide a decorative finish. The clip and cap will ship together, but will not ship with the leg or other parts of the mobile desk. |
| Reason: Based on the information presented, CBP found that the aluminum clip and cap made of die cast aluminum do qualify for duty free treatment as a prototype, provided that all of the conditions delineated in U.S. Note 7, Chapter 98, Subchapter XVII, HTSUS are satisfied.OFS intends to import 1 shipment of 8 clips and 8 caps to be used for quality control and product evaluation purposes. You further state that OFS will not incorporate the aluminum clip and cap into other products that will be sold. |
| Ruling Date: May 4, 2023 |
N332345: The tariff classification of polyethylene hose from China
| HTS: 3917.32.0020, 9903.88.02, 3.1% + 25%, "tubes, pipes and hoses and fittings therefore (for example, joints, elbows, flanges), of plastics: other tubes, pipes and hoses: other, not reinforced or otherwise combined with other materials, without fittings: of polyethylene." |
| Item: A flexible condensate drain hose. The hose is composed of low density polyethylene. It will be imported without fittings. It will serve as the condensate drain hose for a mini split air conditioning system. |
| Reason: N/A |
| Ruling Date: May 4, 2023 |
N332390: The tariff classification of polybutylene succinate (CAS# 25777-14-4) from China
| HTS: 3907.99.5050, 9903.88.02, 6.5% + 25%, "Polyacetals, other polyethers and epoxide resins, in primary forms; polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms: other polyesters: other: other: other." |
| Item: A saturated biodegradable polyester. It can be used for extrusion coating, blown film extruders, and injection molding. This product is being imported for use in the production of biodegradable packaging peanuts. It will be imported in 25 kg or 500 kg bags on pallets. |
| Reason: N/A |
| Ruling Date: May 4, 2023 |
N332444: The tariff classification of a generic pouch from China
| HTS: 4202.92.9700, 9903.88.03, 17.6% + 25%, "Other containers and cases, with outer surface of sheeting of plastic or of textile material, other, other, other, and other." |
| Item: A generic pouch. The article is not specially shaped or fitted for a particular phone or device. It is suitable to provide storage, transportation, protection, and organization to assorted three-dimensional articles beyond a phone. It is constructed of plastic sheeting and features a detachable neck strap. The top width is 4.5 inches and the bottom width is 6 inches. The height is 8 inches, and the depth is 2.5 inches. |
| Reason: N/A |
| Ruling Date: May 4, 2023 |
N332518: The tariff classification of a coin purse from China
| HTS: 4202.32.9300, 9903.88.03, 17.6% + 25%, "Articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials: other: of man-made fibers." |
| Item: A coin purse with a neck strap. It is designed and sized to contain coins, paper currency, identification, or other similarly sized personal effects. The body of the purse is constructed predominately (63%) of man-made fibers. |
| Reason: N/A |
| Ruling Date: May 4, 2023 |
N332584: The tariff classification of printed MDF decor from China
| HTS: 4911.99.8000, 9903.88.15, free + 7.5%, “Other printed matter:… Other: Other: Other: Other.” |
| Item: A “Christmas tabletop décor” constructed of medium density fiberboard. It is a rectangular wooden plaque measuring approximately 19 inches long by 4 inches high and 1 inch thick. It is designed to be freestanding on a table or other flat surface. On its face the words “Seas and Greetings” are silkscreened in stylized font on a pale blue background. A short strand of natural colored wooden beads is draped across the upper right corner, and a small resin starfish is glued to the left side. |
| Reason: N/A |
| Ruling Date: May 4, 2023 |
N332007: The country of origin of pumpkin seeds
| Country of Origin: China |
| Item: Pumpkin seeds imported into Mexico from China for processing. The work performed in Mexico is said to encompass dehulling, cleaning, and removing any foreign materials. The second scenario mirrors the first, except that the pumpkin seeds will be roasted and salted in Mexico. In both scenarios, the products will be then packaged and exported to the United States for sale. |
| Reason: The pumpkin seeds originating from China appear to undergo the requisite tariff shift from Chapter 8. However, it remains to be determined whether they meet the additional test imposed by the Chapter 20 Note. When the seed preparations are prepared by roasting or processing “incidental” to roasting, then the origin of the nuts in their “fresh” state determines the origin of the good. |
| Ruling Date: May 4, 2023 |
N332029: The tariff classification of Mousse from France
| HTS: (if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4) 1901.90.6100, 16%, “Food preparations of goods of headings 0401 to 0404, not containing cocoa…Other: Other: Dairy products described in additional U.S. note 1 to chapter 4: Dairy preparations containing over 10 percent by weight of milk solids: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions.” |
| (if imported in quantities that exceed the limits described in additional U.S. note 10 to chapter 4) 1901.90.6200, 13.6% + $1.035/kg, “Food preparations of goods of headings 0401 to 0404, not containing cocoa…: Other: Other: Other.” |
| Items: Salted butter caramel and egg mousse composed of cream, white chocolate, egg white, butter, egg yolk, salted butter caramel with Guérande, salt, pectin (gelling agent) and natural caramel flavoring. The solid milk content is 23%. |
| Reason: N/A |
| Ruling Date: May 4, 2023 |