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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N321431: The country of origin, marking, and applicability of Section 301 remedies of a Wall Charger set from Vietnam
| Origin: Vietnam, not subject to Section 301 tariffs |
| Marking: Each article in the set must be individually marked with their country of origin, provided such marking is visible through the retail packaging, or the packaging must identify the origin of each of these items. |
| Item: A 45W Wall Charger with Electric Cable (Wall Charger Set) which consists of a retail package containing a wall power adapter plug with a USB female connector one side and a two-prong electrical plug on the other end; and a 6-foot insulated electric cable which has a male USB Type-C connector on one end and a C94 connector on the other end. The assembly process begins with the manufacturing of a printed circuit board assembly (PCBA) that occurs in Vietnam by soldering multiple components, such as resistors, capacitors, integrated circuits, fuses, diodes, and an LED onto a bare printed circuit board (PCB). The PCBA is then attached to a plastic housing by means of ultrasonic welding. The parts and final product undergo numerous testing procedures throughout the assembly process and are retail packaged with a 6-foot electrical cable of Chinese origin. |
| Reason: The article that provides the essence of the Wall Charger set is the plug-in adapter that rectifies the electricity and provides the USB connection. |
| Ruling Date: Oct. 5, 2021 |
N321528: The country of origin marking of organic extra virgin olive oil spray
| Marking: As the ultimate purchaser is directed to see the country of origin printed on the bottom of the spray can, and the country of origin is preceded by the words, “Product of”, the requirements of 19 CFR 134.46 are satisfied. |
| Item: A 4.8-ounce can of “Trader Joe’s Organic Extra Olive Oil Spray” for individual retail sale. In pertinent part, the label bears a statement indicating that the product at issue is “distributed and sold exclusively by Trader Joe’s, Monrovia, CA 91016” followed by the words “BEST BY AND COUNTRY OF ORIGIN: SEE BOTTOM OF CAN.” All of the product information and use instructions printed in other sections of the label are in medium size font while the direction to locate the country of origin is in large size, bold font. The bottom end of the can, in turn, along with the “best by” date, is printed in a reasonably legible manner, and in indelible ink, with the words “Product of Portugal and Morocco.” You also confirmed that the olive oil may be produced with olives from additional countries namely Greece, Italy, Spain and Tunisia. |
| Reason: The marking rules generally prohibit disjunctive marking statements such as “Made in Canada or USA” or “See bottom of can for actual country of origin” because such statements do not actually indicate the actual country of origin as required by 19 USC 1304. However, CBP has allowed disjunctive marking in instances whereby the marking statement “see bottom of can for country of origin” was in bolden text and identical font as the distributor’s information. |
| Ruling Date: Oct. 5, 2021 |
N321715: The tariff classification of journals and other supplies from Vietnam and China
| HTS: Classified separately in heading applicable to each item |
| Item: Retail boxed kits containing journals and other supplies, including pins, binder clips, magnets, pushpins and paperclips |
| Reason: The kits are not intended to be used together or in conjunction with one another for a single purpose or activity. In particular, the magnets and push pins do not seem directly related to the activity of journaling. Because the kits are not sets for classification purposes, the items within each kit will be classified separately. |
| Ruling Date: Oct. 5, 2021 |
N321800: The tariff classification, country of origin and marking of a face mask from Argentina; 19 CFR 102.21(c)(5); last country in which an important assembly or manufacturing process occurs
| HTS: 6307.90.9875, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other face masks: Other.” |
| Origin: Argentina |
| Marking: "Made in Arg" is not acceptable for marking purposes, as Arg does not unmistakably indicate Argentina. |
| Item: A unisex adult face mask intended to be used as a protective face covering. The pleated face mask is composed of three layers. The outer surface (front and back) of the mask consists of a 100 percent polyester woven fabric impregnated with a metallic nanoparticle antibacterial and antiviral finish. The middle layer is comprised of 100 percent polypropylene melt-blown nonwoven fabric with an electrostatic treatment. The outer and inner layer fabric is formed in Taiwan. All other manufacturing operations take place in Argentina. |
| Reason: Where the country of origin of a textile or apparel product cannot be determined under paragraph 19 CFR 102.21(c)(1), (2), (3) or (4), the country of origin of the good is the last country, territory or insular possession in which an important assembly or manufacturing process occurred.” Accordingly, in the case of the subject face mask, country of origin is conferred by the last country in which an important assembly or manufacturing process occurred, that is, Argentina. CBP ruled that in order to meet the marking requirements 19 U.S.C. 1304 and 19 CFR Part 134, an abbreviation must unmistakably identify the country of origin to the ultimate purchaser. |
| Ruling Date: Oct. 5, 2021 |
N321815: The tariff classification of the “Hydro Strike Pulsar Pro Water Bead Blaster” from China
| HTS: 9503.00.0090, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…Other." |
| Item: A water bead gun, 5,000 dehydrated water beads, goggles, google-mask combination, rechargeable lithium-ion battery, USB battery charging cord, and a hydrating plastic bottle (for the water beads). The water gun has a full auto and semi auto switch that can shoot 8 water beads per second and holds 500 rounds. The item is principally designed for the amusement of children 14 years of age and older. |
| Reason: N/A |
| Ruling Date: Oct. 5, 2021 |
N321450: The tariff classification, country of origin and marking of wooden smoke pins
| HTS: 4401.39.4110, free, "Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: Sawdust and wood waste and scrap, agglomerated in logs, briquettes, pellets or similar forms: Other: Other: Sawdust." |
| Origin: Germany |
| Marking: Germany |
| Item: Wooden smoke pins made of sawdust from different woods, such as oak, beech and hickory. The smoke pins are meant to be burned to slowly release scented aromas to enhance the smoking and curing of food products. The sawdust is made from wood logs in Germany that are chopped, dried, sieved and packaged into polyethylene bags. In Denmark, the sawdust and a food grade stabilizer are mixed with water to form a wet mass. The stabilizer - hydroxypropyl methylcellulose (E464) - is manufactured in China. The wet mass is molded into a cylindrical shape to form the wooden pin. After the wooden pin is taken out of the mold, a hole is made through the length of the pin at the center. The pins are then dried for approximately 12 hours. The finished pins are packed in a sealed bag and then packed in cardboard box. |
| Reason: In Germany, wood logs classifiable in heading 4403 are chopped, dried, and sieved to yield sawdust of heading 4401. This manufacturing constitutes a substantial transformation wherein a new and different article emerges. In Denmark, sawdust that has not been agglomerated is processed with a stabilizer to yield sawdust that is agglomerated, also classifiable in heading 4401. The processing in Denmark yields a product that is still sawdust, but which has merely been agglomerated into a defined shape. This does not constitute a substantial transformation. |
| Ruling Date: Oct. 4, 2021 |
N321580: The tariff classification of a metal planter and stand from China
| HTS: 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: A decorative metal planter and stand. The planter is made of 100% iron and is 8.25 inches in diameter across the top and 7.25 inches tall. The stand is made of 100% iron wire and is 8.5 inches in diameter and 6.5 inches high. The planter and stand are imported and sold together. The planter can be placed on top of furniture as well as the floor. |
| Reason: N/A |
| Ruling Date: Oct. 4, 2021 |
N321619: The tariff classification of fly-fishing kits from China
| HTS: 9507.30.4000, 24¢/component, “Fishing rods, fish hooks and other line fishing tackle…Fishing reels and parts and accessories thereof: Fishing reels: Valued over $2.70 but not over $8.45 each.” The rate of duty will be 24 cents each component. 9507.30.6000, 3,9%, “Fishing rods, fish hooks and other line fishing tackle…Fishing reels and parts and accessories thereof: Fishing reels: Valued over $8.45 each.” |
| Item: Fly fishing kits put up for retail sale as a complete set including rod, reel, line, and case. There are two different styles, at slightly different price points depending on the line weight. |
| Reason: No one item gives this set its essential character, but not all of the component articles equally merit consideration in the classification determination. The kits are marketed as a rod, reel, and case combination. The fishing rod and fishing reel are each essential to the performance of the combination kit. Hence, by application of GRI 3(c) the instant sets are classified in subheading 9507.30, the subheading that occurs last in numerical order among those provisions that merit consideration. |
| Ruling Date: Oct. 4, 2021 |
N321686: The tariff classification of Neopentyl glycol propoxylate diacrylate from China
| HTS: 2916.12.5050, 4.2%, "Esters of acrylic acid: Other: Other." |
| Item: Neopentyl glycol propoxylate diacrylate (CAS # 84170-74-1). It is indicated to be used in UV paint for dilution and as an additive in UV inks and UV coatings. It is also known as 3-[2,2-Dimethyl-3-(3-prop-2-enoyloxypropoxy)propoxy]propyl Prop-2-enoate. The name is also abbreviated in your request as Neopentylglcol (PO)2 Diacrylate (CAS # 84170-74-1). |
| Reason: N/A |
| Ruling Date: Oct. 4, 2021 |
N321709: The tariff classification and country of origin of unassembled wood pallets from Mexico
| HTS: 4415.20.8000, 10.7%, "Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums, of wood; pallets, box-pallets and other load boards, of wood; pallet collars of wood: Pallets, box-pallets and other load boards; pallet collars: Other." |
| Origin: Mexico |
| Item: Two similar unassembled wood pallets for agricultural use. The pallets are constructed to meet the standardized guidelines for food industry pallets developed by the Grocery Manufacturers Association. The pallets each consist of 15 pieces of cut and shaped wood that are ready for assembly into pallets without further manufacturing. The pallet components are shipped together in exact quantities and sizes to be assembled into a specific number of pallets after importation into the U.S. Milled lumber of heading 4403, originating in the United States, is shipped to Mexico. In Mexico, the wood is cut to customer dimensional specifications. The pallet stringers are cut to shape to accommodate forklift blades. The pallet components will be subjected to heat treating, stamping, and quality control operations. The components are then packaged in precise numbers for assembly into a specific number of pallets. |
| Reason: GRI 2 provides that unassembled goods are classified in the same manner as assembled goods. The relevant tariff shift rule is met under 19 CFR 102. |
| Ruling Date: Oct. 4, 2021 |