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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N322106: The tariff classification of Valentines printed in China
| HTS: 4909.00.4000, free, "Printed or illustrated postcards, printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings: Other." |
| Item: A set of Valentine’s Day cards with matching envelopes, stickers, and erasers. Each retail package contains 12 cards, 12 envelopes, a sheet of heart-shaped stickers for sealing the envelopes, and 12 small thermoplastic rubber (TPR) erasers. The cards will come in various trademarked styles, including one featuring the characters from the Disney movie, “Frozen” with accompanying text. The cards are printed four to a sheet of cardstock with perforations between each card to allow for easy separation. |
| Reason: N/A |
| Ruling Date: Oct. 14, 2021 |
N321545: The tariff classification of a powdered drink mix from France
| HTS, in-quota: 2106.90.9500, 10%, "Food preparations not elsewhere specified or included … other … other … articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17… described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions." |
| HTS, out-of-quota: 2106.90.9700, 28.8 ¢/kg + 8.5% |
| Item: Yellow to orange colored-powder that is free from artificial coloring and is said to have a vanilla and ginger taste. Designed to provide overall wellness, the product is comprised of maltodextrin, organic cane sugar, organic coconut milk powder, magnesium citrate anhydrous, tricalcium phosphate, guar gum, organic almond milk powder, vanilla flavored natural powder, BCAA (leucine, valine, isoleucine), ES curcuma rhizome, ES rhodiola rosea root, vitamin E succinate, iron pyrophosphate, vitamin PP or B3, ES ashwagandha root, ginger root powder, lysine HCL, l-tyrosine, vitamin B5 calcium pantothenate, l-carnitine tartrate, sucralose, ES black pepper fruit, arginine HCL, vitamin D3 natural CWS, l-tryptohan, taurine, vitamin B12, vitamin B6, vitamin B1, vitamin B2, vitamin B9 and biotin (vitamin B8). |
| Reason: N/A |
| Ruling Date: Oct. 13, 2021 |
N321567: The tariff classification of a contact lens case from China
| HTS: 4202.39.9000, 20%, "Articles of a kind normally carried in the pocket or in the handbag, other, other." |
| Item: A contact lens case constructed of molded plastics. The case is designed, shaped, and fitted to provide storage, protection, organization, and portability to one pair of contact lens. It has two twist-off caps. The article is a form of a spectacle case. |
| Reason: N/A |
| Ruling Date: Oct. 13, 2021 |
N321623: The Country of Origin and Marking for Pomegranate Juice Products
| Origin: U.S. and Turkey |
| Marking: The proposed marking "Pomegranate Juice from the U.S. and Turkey" is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the finished products. |
| Item: Two Pomegranate Juice Products. The first product is said to be composed of 60 percent pomegranate juice concentrate (Product of USA) and 40 percent pomegranate juice concentrate (Product of Turkey). The second product is said to composed of 40 percent pomegranate juice concentrate (Product of USA) and 60 percent pomegranate juice concentrate (Product of Turkey). The pomegranate juice concentrate (Product of Turkey) will be blended with the pomegranate juice concentrate (Product of USA) upon importation to produce reconstituted Pomegranate Juice Products in the United States. The finished products will be packaged in 64 ounce, ready-to-drink plastic containers put up for retail sale. |
| Reason: Customs has consistently held that blending a product from one country with the same product of another country does not constitute a substantial transformation. Similarly, we find in this case that the blending process does not alter the essential character of the pomegranate juice concentrate and thus the products do not become a new article of commerce. Rather, the reconstituted pomegranate juice retains the fundamental character as well as the name and use of the concentrated pomegranate juice product. Since the pomegranate juice concentrates are not substantially transformed as a result of the blending, packaging and labeling performed upon importation into the United States, the marking must reflect the country where the pomegranate juice concentrate was produced. |
| Ruling Date: Oct. 13, 2021 |
N321720: The tariff classification of a 2008 Mercedes-Benz S550 from Canada
| HTS: 8703.24.0190, 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 spark-ignition internal combustion reciprocating piston engines: Of a cylinder capacity exceeding 3,000cc: Other: Used." |
| Item: A 2008 Mercedes-Benz S550 4Matic. The subject vehicle is equipped with a 5.5-liter, 8-cylinder, spark-ignition internal combustion engine (Gas). The vehicle is a gift and will be permanently imported from Canada. |
| Reason: N/A |
| Ruling Date: Oct. 13, 2021 |
N321726: The country of origin and status under the United States-Korea Free Trade Agreement (UKFTA) of electrical wire cable
| Origin: South Korea |
| FTA: Qualifies for UKFTA treatment |
| HTS: 8544.49.9000, 3.9%, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Other: Other: Other.” |
| Item: Electrical wire cables made from aluminum ingots that are imported into South Korea from Australia where they are melted, alloyed, casted, and rolled into rods. The rods are then drawn and stranded into wires before they are insulated, and laid up into the completed products. |
| Reason: For goods classified under subheading 8544.49, the applicable UKFTA tariff shift rule is a change to subheadings 8544.30 through 8544.49 from any other heading. The aluminum ingot is the only non-originating material used in the manufacturing process in South Korea. As this material would be classified outside of heading 8544, it would make the aforementioned tariff shift. For origin purposes, the aluminum ingots, through the complex manufacturing process, are substantially transformed into a new and different article of commerce with a name, character, and use distinct from the individual components. The manufacturing process creates aluminum wire conductor, which is considered the essential functional component of the finished cable, in South Korea. |
| Ruling Date: Oct.13, 2021 |
N321736: The tariff classification of office supply storage caddies from China
| HTS: 3926.10.0000, 5.3%, “Office or school supplies,” of plastic |
| Item: A plastic storage caddy with five open compartments. Made from molded plastic in a faux basket weave pattern, the caddies measure approximately 7.5 cm high in the front, sloping to 14 cm high in the back. They are 18.5 cm in length and 13.5 cm wide. One compartment runs the entire length across the back, while the remainder of the space is equally divided into four compartments. The item’s primary use to be storage of office supplies, such as scissors, pens, sticky notes and such. |
| Reason: Although the caddies can be used for more general household storage, the emphasis on office supplies, and its overall design that lends itself to that purpose, is dispositive for classification purposes. |
| Ruling Date: Oct. 13, 2021 |
N321737: The tariff classification of plastic storage bins from China
| HTS: 3924.90.5650, 3.4%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other: Other.” |
| Item: Plastic storage bins. Each of these items is a rectangular-shaped clear bin with an open-top made of acrylic plastic. On each side of the article are built-in handle grips to carry and access the contents. Each item measures approximately 14.5 inches long by 8.25 inches wide by 4 inches deep. The bins can be stacked on top of one another or can be used side by side. These articles are designed to store and organize food items in the refrigerator or dry goods in the food pantry. |
| Reason: N/A |
| Ruling Date: Oct. 13, 2021 |
N321765: The tariff classification of a plastic mermaid statuette from China
| HTS: 3926.40.0090, 5.3%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles: other.” |
| Item: Two identical mermaid statuettes, one is off-white in color and the other is a shade of blue-green. The statuettes both depict a mermaid with long hair, resting her face on her open hands, with her eyes closed. Her tail extends out behind her and up into the air. The statuette is made primarily of polyresin plastic. |
| Reason: N/A |
| Ruling Date: Oct. 13, 2021 |
N321766: The tariff classification of a plastic anchor statuette from China
| HTS: 3926.40.0090, 5.3%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles: other.” |
| Item: A statuette of a white ship anchor, with a natural brown colored rope draped around it. The anchor is tilted and resting on a textured block that is in varying shades of brown. The statuette is made primarily of polyresin plastic. |
| Reason: N/A |
| Ruling Date: Oct. 13, 2021 |