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:
N333834: The tariff classification of new electric vehicles from South Korea
| HTS: (1) 8703.80.0020, 2.5%, “Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars: Other vehicles, with only electric motors for propulsion: With an EPA-rated range not exceeding 250 miles: New”. |
| (2), (3) 8703.80.0060, 2.5%, “Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars: Other vehicles, with only electric motors for propulsion: With an EPA-rated range exceeding 250 miles: New” |
| Items: Three models of the Hyundai Ioniq 6. All three versions are four-door sedans powered by an all-electric engine. (1) The standard range rear wheel drive with 149 horsepower and 240-mile range. (2) The same except equipped with RWD with 225 horsepower and a 305-mile range. (3) An all-wheel drive version with 320 horsepower and 270-mile range. In all versions, there is seating for 5 persons. |
| Reason: N/A |
| Ruling Date: July 25, 2023 |
N333873: The tariff classification of aluminum foil from Croatia
| HTS: 7607.19.6000, 9903.85.01, 9903.85.39, 3%, "Aluminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm: not backed: other: other: other. " |
| Item: Aluminum foil used to wrap confectionary products. The foil measures 11 micrometers (0.011 millimeters) in thickness, 622 millimeters in width and will be imported in rolls (coils). The foil is gold colored on one side and coated with a protective lacquer on the other side. After importation, the foil undergoes an embossing process according to buyer specifications. |
| Reason: N/A |
| Ruling Date: July 25, 2023 |
N333875: The country of origin marking of components for spectacle frames and sunglasses
| Country of Origin Marking: Individual marking is not required. |
| Items: Spectacle frames and plano, or non-prescription, sunglasses manufactured in the U.S. using components imported from various countries. |
| Reason: As a result of the manufacturing process performed by Europa Eyewear, the foreign-origin imported spectacle frame components, when incorporated with other components to produce finished spectacle frames and sunglasses, are substantially transformed into articles with a new name, character, or use. Europa Eyewear is the ultimate purchaser of the spectacle frame components and they are exempted from individual marking so long as the port director at the port of entry is satisfied that the components are imported in properly marked containers |
| Ruling Date: July 25, 2023 |
N333990: The tariff classification of an electric wearable blanket from China
| HTS: 6301.10.0000, 11.4%, “Blankets and traveling rugs: Electric blankets.” |
| Item: An electric blanket with four heat level settings. The product is composed of two layers: 100% polyester plush knit pile fabric on one side and 100% sherpa fleece knit pile fabric on the other side. The blanket has a cape-like design with pockets below the waist on the plush knit side when worn, as intended. It is oblong in shape with rounded corners and a narrow 35 inch long “U” shaped opening cut from the front bottom edge through the center to allow the blanket to drape down the back and over both shoulders. The blanket contains warming wires sewn in place between the two layers. |
| Reason: N/A |
| Ruling Date: July 25, 2023 |
N333700: The tariff classification of footwear from Mexico
| HTS: 6402.99.3165, 6%, “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other.” |
| Item: A closed-toe/closed-heel, below the ankle, women’s ballet-style shoe. The external surface area of the upper is 100% PU. This slip-on shoe has a molded rubber or plastics outer sole unit featuring a slight wedge heel. It does not have a foxing or foxing-like band. The shoe is decorated with a rubber/plastics bow. The footwear is not designed to be protective against water or chemicals and has an F.O.B value of $16.50 per pair. |
| Reason: N/A |
| Ruling Date: July 24, 2023 |
N333743: The tariff classification of a pen holder from China
| HTS: 4202.32.2000, 9903.88.03, 20% + 25%, "Articles of a kind normally carried in the pocket or in the handbag, with outer surface of plastic sheeting, other." |
| Item: A pen holder constructed of a polyurethane plastic sheeting material that is not reinforced. The article is designed to provide storage, protection, portability, and organization to pencils, pens, and other writing instruments. The front features one open slot with an elastic band that wraps around notebooks. |
| Reason: N/A |
| Ruling Date: July 24, 2023 |
N334002: The tariff classification of a plastic bathtub mat from China
| HTS: 3924.90.1050, 3.3%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Curtains and drapes, including panels and valances; napkins, table covers, mats, scarves, runners, doilies, centerpieces, antimacassars and furniture slipcovers; and like furnishings. Other. |
| Item: A bathtub mat that is made of pink polyvinyl chloride plastic material. It is rectangular with rounded corners and contains printed designs of Disney’s Minnie Mouse, pink bows, pink hearts, and pink and purple circles throughout the mat. It features 167 skid-resistant suction cups on the bottom side designed to facilitate anchoring to the bottom of a bathtub or shower floor. The plastic bathtub mat is intended for the home bathroom. |
| Reason: N/A |
| Ruling Date: July 24, 2023 |
N334026: The tariff classification of Paper Shell Foraminifera from the Republic of Fiji
| HTS: 0508.00.0000, free, “Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttlebone, unworked or simply prepared but not cut to shape, powder and waste thereof.” |
| Item: Paper Shell Foraminifera. The shells which have a naturally occurring hole in their center are commonly referred to as “sea penny” due to their size that falls within a range of .5mm to 1.5mm in thickness. The product, which will be imported in bulk sized plastic bags with a net weight of 10-20 pounds, will be sold to individual consumers, retailers and wholesale distributors of craft supplies. |
| Reason: N/A |
| Ruling Date: July 24, 2023 |
N333712: The tariff classification of three upholstery fabrics from China
| HTS: (1) 5407.52.2060, 9903.88.03, 14.9% + 25%, "Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent of more by weight of textured polyester filaments: Dyed: Other: Weighing more than 170 g/m2." |
| (2) 5407.93.2090, 9903.88.03, 12% + 25%, "Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics: Of yarns of different colors: Other: Other: Other: Other." |
| (3) 5903.90.2500, 9903.88.03, 7.5% + 25%, "Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of man-made fibers: Other: Other." |
| Items: (1) A bonded fabric consisting of a woven face bonded to a non woven backing fabric. The dyed face fabric is of plain weave construction, weighs 215 g/m2 and is composed wholly of polyester textured filament yarns. The non-woven backing fabric weighs 100 g/m2. The total weight of the bonded fabric is 315 g/m2. (2) A bonded fabric consisting of a woven face fabric bonded to a knit backing fabric. The face fabric is of other dobby weave construction, weighs 348 g/m2 and is composed wholly of polyester fibers of yarns of different colors, of which 80 percent are non-textured filament yarns and 20 percent are staple fibers. The knit backing fabric weighs approximately 80 g/m2. The total weight of the bonded fabric is 428 g/m2. (3) A coated fabric woven of yarns of different colors. The fabric is of other dobby weave construction and is composed wholly of man-made fibers, of which 73% is polyester and 27% is acrylic; the sample weighs 466 g/m2. A synthetic latex coating has been applied to the reverse side of the fabric. |
| Reason: Based on the relative weights, quantity and design of the face and backing fabrics, CBP determined that it is the face fabric which imparts this product with its essential character. |
| Ruling Date: July 21, 2023 |
N333727: The tariff classification of computer server relay racks from Mexico
| HTS: 9403.20.0086, free, “Other furniture and parts thereof: Other metal furniture: Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures: Other”. |
| Item: Floor-standing metal racks used to secure computer server equipment and components. Each relay rack consists of a rectangular metal base that either sits on or is bolted into the floor. On either side of the base are two vertical posts that are connected at the top by a horizontal rail. Additional horizontal rails can be installed between the posts to hold various computer server components. The relay racks are made of high-strength aluminum, rated for an 800 lbs. static load, powder coated in black or white, and conform to EIA-310-E. |
| Reason: N/A |
| Ruling Date: July 21, 2023 |