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:
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N318738: Classification, country of origin, and marking for Kool Baby Playpens made in China
| HTS: 9403.89.6003, free, “Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other: Cribs, toddler beds, bassinets, and cradles; play yards and other enclosures for confining children.” Secondary classification: 9903.88.03, 25%. |
| Origin and marking: China |
| Item: Collapsible playpens made of a metal frame and polyester fabric that include a cradle, changing table, two locking castors and a cover to facilitate transportation of the playpens and their accessories. One model includes a mosquito net, while another also includes a bassinet, hanging toys, diaper holder and an organizer bag. They are made in China of fabric and metal components of Chinese origin but will be packaged and labeled in Mexico. |
| Reason: The essential character of the subject playpens is imparted by their textile components. Since no processing other than packaging and marking are performed in Mexico, the requisite specific tariff classification rule, 19 C.F.R. § 102.11(a)(3), is not met. The country of origin of the good is the country or countries of origin of the single material that imparts the essential character to the good. The single material that imparts the essential character to the playpens is the Chinese fabric, therefore the country of origin of the playpens for marking purposes is China. No substantial transformation occurs in Mexico. |
| Ruling Date: April 27, 2021 |
N318725: The tariff classification of Nelarabine Injection in dosage form, from India
| HTS: 3004.90.9215, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Antineoplastic and immunosuppressive medicaments." |
| Item: Nelarabine Injection, imported in single dose vials of 250 mg/50 mL. A purine nucleoside analogue and antineoplastic agent, it is indicated for the treatment of T-cell acute lymphoblastic leukemia (T-ALL) and T-cell lymphoblastic lymphoma (T-LBL) in adult and pediatric patients age 1 year and older whose disease has not responded to or has relapsed following treatment with at least two chemotherapy regimens. |
| Reason: N/A |
| Ruling Date: April 27, 2021 |
N318724: The tariff classification of Fulvestrant Injection in dosage form
| HTS: 3004.39.0050, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other, containing hormones or other products of heading 2937: Other: Other.” |
| Item: Fulvestrant Injection, imported in 50 mg/mL. An estrogen receptor antagonist, it is indicated for the treatment of hormone receptor (HR) positive and human epidermal growth factor receptor 2 (HER2) negative advanced breast cancer in postmenopausal women not previously treated with endocrine therapy. |
| Reason: N/A |
| Ruling Date: April 27, 2021 |
N318702: The tariff classification of prepared mushrooms from Thailand
| HTS: 2003.90.8090, 6¢/kg drained weight + 8.5%, "Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid ... other ... other." |
| Item: Portions of mushroom shreds in a savory sauce intended to be heated and eaten as a snack or meal by the consumer. |
| Reason: N/A |
| Ruling Date: April 27, 2021 |
N318698: The tariff classification of women’s sleepwear from Bangladesh
| HTS: 6108.32.0010, 16%, "Women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightdresses and pajamas: Of man-made fibers: Women’s." |
| Item: Women's tops, shorts and pants and a women's nightgown. The garments are constructed from 95% polyester, 5% elastane knit fabric. |
| Reason: Although the appearance of the garments is ambiguous does not clearly demonstrate it as sleepwear, the requestor of the ruling provided supporting marketing and packaging information to substantiate this claim. Therefore, the garments will be considered sleepwear, and classified as pajamas of heading 6108 |
| Ruling Date: April 27, 2021 |
N318582: The tariff classification and country of origin of Polyacrylamide Type A and Polyacrylamide Type B from Canada; Applicability of USMCA
| HTS: Polyacrylamide Type A: 3403.99.0000, 6.5%, "Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: Other: Other." Polyacrylamide Type B: 3403.19.5000, 5.8%, Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: Containing petroleum oils or oils obtained from bituminous minerals: Other: Other." |
| Marking: Polyacramide Type A: Canada; Polyacramide Type B: U.S. |
| FTA: Qualifies for USMCA |
| Item: Polyacrylamide Type A, a dry powder, and Polyacrylamide Type B, a liquid, produced in Canada with raw materials from China, Oman, Canada, and the United States. The products are lubricating preparations and serve as friction reducers for fracturing activities. They help to reduce pressure during the fracking process and improve lubricity during pumping. These products are designed to work with produced water to avoid freshwater usage without compromising effectiveness nor the economics. Polyacrylamide Type B includes oil polymers and mineral oil as ingredients, while Polyacrylamide Type A does not. |
| Reason: Both Polyacrylamide Type A and Polyacrylamide Type B meet the relevant Part 102 and USMCA tariff shift rules. |
| Ruling Date: April 27, 2021 |
N319081: The tariff classification of Christmas shelf sitters 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: Shelf sitters made of polyester fabric and polyester fill to provide shape and gravel to provide weight, allowing the shelf sitters to sit on a flat surface. The items are sold exclusively as decorations for Christmas. They depict Santa Claus and a snowman. |
| Reason: N/A |
| Ruling Date: April 28, 2021 |
N318896: The classification and preferential status under the United States-Mexico-Canada Agreement of an electric motor
| HTS: 8501.31.4000, 4%, "Electric motors…: Other DC motors…: Of an output not exceeding 750W: Motors: Exceeding 74.6 W but not exceeding 735 W." |
| Origin: Mexico |
| Marking: Mexico |
| FTA: Qualifies for USMCA |
| Item: An electrical actuator for use with motor vehicles, consisting of a brushless DC electric motor, the housing, and a control printed circuit board assembly (PCBA). At the time of importation, the control PCBA is mounted to the motor housing but a gearbox is not attached. The function of the control PCBA is to control the operation of the motor, provide electrical protection, and convert applied 12 VDC electricity into 6 VDC electricity, which turns the motor shaft. The rotor package, the stator package, and the PCBA are manufactured in Mexico. The winding wire, housings, and various parts are produced in the United States. The magnets are sourced from China, the shaft is sourced from Germany, and the bearing is sourced from Thailand. |
| Reason: The applicable USMCA tariff shift rule for merchandise classifiable under heading 8501 is in GN 11(o), HTSUS, which provides, in relevant part: A change to heading 8501 from any other heading, except from tariff items 8503.00.35, 8503.00.45 or 8503.00.65. Since all the foreign materials are classified outside of heading 8503, the requisite tariff shift rule is met, and the finished motors are considered originating goods under the USMCA and eligible for preferential treatment. The tariff shift requirement of section 102.11(a)(3) is met. As such, the motors are products of Mexico for country of origin marking purposes. The rotor and stator are the dominant components of a finished electric motor. The Chinese magnets, while vital to a motor’s operation, are substantially transformed as a result of the assembly operations outlined above. The work performed in Mexico produces a motor of Mexican origin because the individual components are substantially transformed into a new and different article. As such, the motors are not subject to the additional duties applicable to products of China under Section 301. |
| Ruling Date: April 28, 2021 |
N318805: The tariff classification of wooden dowels from China
| HTS: 4409.29.6600, 4.9%, "Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed: Nonconiferous: Other: Other: Wood dowel rods: Sanded, grooved or otherwise advanced in condition." Secondary classification: 9903.88.03, 25%. |
| Item: Wooden dowels constructed of solid birch (a nonconiferous wood). The dowels are sanded wood rods with a continuous circular profile throughout their length. Multiple dowels are packaged together for retail sale, and they are marketed for craft use. |
| Reason: N/A |
| Ruling Date: April 28, 2021 |
N318731: The tariff classification of footwear from China
| HTS: 6404.19.9060, 9%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: other: other: valued over $12.00/pair: for women." Secondary classification: 9903.88.15, 7.5%. |
| Item: A closed-toe/closed-heel, above-the-ankle, women’s boot. The work boot-styled footwear is secured to the foot with a lace threaded through 8 eyelets on each side of the tongue. The external surface area of the upper is comprised of 95 percent textile material and 5 percent leather patch accents. |
| Reason: N/A |
| Ruling Date: April 28, 2021 |