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:
N333451: The tariff classification of two archway decorations from China
| HTS: (1) 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.” |
| (2) 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Items: (1) The Ornament Ball Archway, which consists of an arch-shaped decoration composed of multiple, multicolored plastic Christmas ball ornaments of varying sizes, complete with crowns and hanging loops. The Christmas ball ornaments are permanently affixed to seven sections that form an archway and extend down to a flat square base at each end. (2) The Grave & Bones Archway, which consists of an arch-shaped decoration composed of multiple square plastic pieces depicting skulls and bones, threaded onto a series of center supports that form an arch and extend down to a flat square base at each end, that are joined together by a single horizontal metal bar. |
| Reason: N/A |
| Ruling Date: June 20, 2023 |
N333549: The tariff classification of wooden letters and blank wooden plaques from China
| HTS: 4421.99.9880; 9903.88.03, 3.3% + 25%, "Other articles of wood: Other: Other: Other: Other: Other." |
| Items: Five items of wood. (1) “Black Beaded Letter Wood Wall Décor,” consists of a letter of the alphabet cut from medium density fiberboard. A short strand of wooden beads is attached to the top to aid in hanging the letter on the wall. (2) “Spiderman Lenticular Letter Wood Wall Décor,” is a letter of the alphabet cut from MDF. The exterior of the letter is covered with a printed sheet of polycarbonate that is lithographically printed with images of Spiderman. (3) “Oval Wood Shapes,” is a retail package of eight wooden oval discs. The discs are unpainted birch plywood and marketed as craft supplies. (4) “Wood Dice,” are pine wood cubes with rounded corners. One side has a large, raised dot. They are unpainted and will be marketed as craft supplies. (5) “Shield Wood Shapes,” is a retail package of eight birch plywood shield-shaped plaques. They are unpainted and are marketed as craft supplies. |
| Reason: The HTS specifically includes wooden letters in heading 4421. |
| Ruling Date: June 20, 2023 |
N333009: The tariff classification of decorative metal plant stand from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal…Statuettes and other ornaments, and parts thereof: Other." |
| Item: A metal plant stand made of two parallel lengths of iron bar, each with a larger clockwise scroll on one end and a smaller counterclockwise scroll on the other. The bars are connected by two round bases atop of which 6-inch pots will be placed. Both bases and their low surrounding edges are made of a smaller gauge iron sheet in a crosshatch design. |
| Reason: N/A |
| Ruling Date: June 16, 2023 |
N333066: The tariff classification of a women’s bodysuits from an unknown country
| HTS: 6114.30.2010, 32%, "Other garments, knitted or crocheted, of man-made fibers, bodysuits and bodyshirts, of a fabric containing by weight 5 percent or more elastomeric yarn or rubber thread." |
| Item: A women’s tank-style bodysuit constructed from 68% nylon 32% spandex raschel lace knit fabric. The one-piece tightly fitted garment is sleeveless, legless, and features a U-shaped front neckline, elasticized side seam edging, a back which extends straight across from side seam to side seam, elasticized adjustable spaghetti straps, high cut leg openings, and a hook and loop closure at the lined crotch. |
| Reason: N/A |
| Ruling Date: June 16, 2023 |
N333175: The tariff classification of a woven polyester upholstery fabric from China
| HTS: 5515.12.0090, 9903.88.03, 12% + 25%, "Other woven fabrics of synthetic staple fibers, of polyester staple fibers: Mixed mainly or solely with man-made filaments: Other." |
| Item: A woven fabric with a repeating floral pattern design. According to the information provided, the printed fabric is of dobby weave construction, weighs 321 g/m2 and is composed of 98 percent polyester (of which 85% is staple fibers and 15% is textured filament yarns) and 2% linen/flax staple fibers. A synthetic latex coating has been applied to the reverse side of the fabric but is not visible to the naked eye. The fabric will be imported in 54-inch widths and will be used for upholstery. |
| Reason: N/A |
| Ruling Date: June 16, 2023 |
N333351: The classification and country of origin determination of two coated fabrics; 19 CFR 102.21(c)(4)
| Country of Origin: China or Vietnam, depending on where the fabric was woven and napped. |
| HTS: 5903.20.2500, 7.5%, “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: With polyurethane: Of man-made fibers: Other: Other. |
| (if of Chinese origin) HTS: 5903.20.2500, 9903.88.03, 7.5% + 25%, “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: With polyurethane: Of man-made fibers: Other: Other. |
| Item: A woven fabric composed of a polyester/cotton fiber blend in which the polyester predominates by weight. IE-7 NPL is a knit fabric composed wholly of polyester fibers. The samples are not over 70 percent by weight of plastic. Both samples have been coated, covered, impregnated, and/or laminated on one surface with polyurethane. |
| Reason: N/A |
| Ruling Date: June 16, 2023 |
N333359: The tariff classification of dry fire training equipment from China
| HTS: 9305.10.2080; 9903.88.15, 4.2% + 7.5%, “Parts and accessories of articles of headings 9301 to 9304: Of revolvers or pistols: Of heading 9302: Other.” |
| Item: The BlueOps Basic Pack for double-stack Glock, which consists of an xLSR red laser training bullet, a xLSR Extraction tool, two xMAG magazines, and two xMAG extenders packaged together for retail sale in an EVA case. The items in the set are designed specifically for use in a dry-fire training platform. |
| Reason: N/A |
| Ruling Date: June 16, 2023 |
N333410: The country of origin of an F Clamp
| Country of Origin: South Korea |
| Item: An F-clamp also referred to as a bar clamp. The tool is commonly used in woodworking to temporarily clamp pieces of wood together until more permanent attachments, e.g., screws, can be applied or while glue is allowed to dry. |
| Reason: While the finishing operations and component assembly that occur in China are necessary for the production of the finished F-clamps, these operations are not extensive enough to alter the fundamental character of the clamp body and adjustable vertical arm. |
| Ruling Date: June 16, 2023 |
N333506: The country of origin of slip joint pliers
| Country of Origin: South Korea |
| Item: Pliers are designed with a slip joint, which allows the user to move the handles apart to increase the jaw size and enlarge grip capacity. The slip joint pliers’ handles and jaws are drop-forged from raw steel bars in South Korea, forming the approximate size and shape of each handle and jaw. The two halves of the pliers are then shipped to China where each is machined, heat-treated, and plated. This includes milling slip holes into the handles, punching holes into the handles and milling jaw teeth. Next, the two components are assembled with a Chinese-origin pin. Finally, the finished pliers are packaged and shipped to the U.S. |
| Reason: The pliers’ handles and jaws constitute the essential characteristics of the finished pliers. |
| Ruling Date: June 16, 2023 |