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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N336007: The tariff classification of a vertical lift module from Italy
| HTS: 8479.89.9599, 2.5%, "Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other." |
| Item: The Silo2 Multi-Column Vertical Lift Module (Silo2) is a configurable, automated vertical storage system. As imported, this electromechanical system will include three storage columns (units), two internal access openings, and 130 sheet steel storage trays which are used within the storage units. The Silo2 is designed for use in a warehouse or other industrial/commercial settings to automatically store and quickly retrieve goods. The system will be imported complete but unassembled and will be assembled subsequent to importation into the United States. |
| Reason: General Rule of Interpretation Rule 2(a) provides that complete or finished articles presented unassembled or disassembled are to be classified in the same heading as the assembled article. As no other heading in the tariff covers the subject Silo2 system, and because it possesses an individual function, namely the automatic storage and retrieval of goods, it is classified under heading 8479, HTSUS. |
| Ruling Date: Oct. 30, 2023 |
N335624: The tariff classification of a toiletry bag with a plastic bottle from China
| HTS: 4202.92.4500, 9903.88.03, 20% + 25%, "Travel, sports, and similar bags, with outer surface of sheeting of plastic, other." |
| Item: A toiletry bag and a plastic bottle. The bag is constructed with an outer surface of 100% polyurethane (PU) plastic sheeting. It is designed to provide storage, protection, organization, and portability to personal effects during travel. It features one carrying handle and a zippered closure. |
| Reason: The toiletry bag and plastic bottle are considered a set for tariff purposes. The essential character of the set is imparted by the toiletry bag as that will perform the functions of storing, protecting, transporting, and organizing additional contents along with, or in place of, the bottle. The bag is also the article which provides the most bulk. |
| Ruling Date: Oct. 27, 2023 |
N335768: The tariff classification of bed linen sets from India
| HTS: (1) 6302.31.7010, 3.8%, “Bed linen, table linen, toilet linen and kitchen linen: Other bed linen: Of cotton: Other: Napped: Pillowcases, other than bolster cases.” (2) 6302.31.7020, 3.8%, “Bed linen, table linen, toilet linen and kitchen linen: Other bed linen: Of cotton: Other: Napped: Sheets.” |
| Item: (1) Cotton Pillowcases (2) Cotton Flat and Fitted Sheets. All items are marked “100% Cotton.” |
| Reason: The retail sets (pillowcases, flat sheet and fitted sheet(s)) do not qualify for "goods put up for retail sale" as the components of the set are classifiable under the same heading. Each item in the set will be classified separately. |
| Ruling Date: Oct. 27, 2023 |
N335830: The tariff classification of women’s knit wearing apparel from Peru
| HTS: (1) 6114.20.0052, 10.8%, “Other garments, knitted or crocheted: Of cotton: Coveralls, jumpsuits, and similar apparel: Other Women’s" (2) 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted, or crocheted: Of cotton: Women’s" |
| Item: (1) A women’s jumpsuit constructed of 95% cotton and 5% spandex jersey knit fabric. The one-piece garment features a V-styled front neckline, short, hemmed petal sleeves, an elasticized waist, self-fabric waist ties at each side, side seam pockets, and hemmed leg openings. (2) A women’s blouse constructed of 97% cotton and 3% terry knit fabric. The fabric measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the neck to below the waist and features a turtleneck collar, a cross-over front panel that is joined at the neckline and at the left shoulder seam, long sleeves with self-fabric cuffs, and a curved hemmed bottom. |
| Reason: Based on the garment’s appearance, and in accordance with the reasoning set forth in Headquarters Rulings HQ H325360 and HQ H324935, item (2) is a loose-fitting blouse of heading 6106. |
| Ruling Date: Oct. 27, 2023 |
N335936: The tariff classification of an electrical control cabinet from China
| HTS: 8537.10.9160, 9903.88.03, 2.7% + 25%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity, …: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” |
| Item: The Cabinet Housing Unit (Cabinet), which is an aluminum framed industrial cabinet that houses numerous electrical switching and control apparatus. Internally, the Cabinet houses a programmable logic controller (PLC), numerous switches, relays, terminals, and more. On the side of the Cabinet is a reticulating arm where a human-machine interface (HMI) and control panel allow for user interaction. While the Cabinet is said to be used with a Joining Module System for electromechanical joining systems, such as servo press-fitting or other manufacturing joining processes, the joining modules, press modules and servo amplifiers, are not included at the time of entry. |
| Reason: N/A |
| Ruling Date: Oct. 27, 2023 |
N335835: The country of origin of an ingot grower
| Country of Origin: China |
| Items: The subject ingot grower, also referred to as a crystal grower or crystal pulling machine, is a machine used in the manufacturing of monocrystalline silicon ingots. The structural components of the pull head assembly (steel housings, frames, and fittings) are fully fabricated and formed in Korea. The functional units are mainly produced in China. Likewise, the structural components of the crucible lift assembly are produced entirely in Korea from raw steel material, but most of the core mechanical/electrical components are produced in China. |
| Reason: In this case, while the pull head and the crucible lift subassembly are important subassemblies and are partially produced and assembled in Korea, the production operations there involve only the fabrication of frames and other structural components, not the core functional components which are fabricated in China. All other core subassemblies are almost entirely produced in China. There has not been a substantial transformation in Korea of the foreign-origin components and subassemblies resulting in a change to their name, character, or use. |
| Ruling Date: Oct. 27, 2023 |
N335868: The tariff classification of Danish Salad Dressing from Denmark
| HTS: (If imported under quota) 0406.40.5800, 20%, "Cheese and curd: Blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti: Other: Described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions: Other.” (If imported over quota) 0406.40.7000 $2.269 per kilogram "Cheese and curd: Blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti: Other: Other.” |
| Items: Danish Salad Dressing Concentrate (5% EU Olive Oil)”. The product is composed of pasteurized (heat treated) blue cheese (aged 60 days) and olive oil. The product is packed in polyethylene plastic bags with a net weight of 15.75 kilograms. |
| Reason: N/A |
| Ruling Date: Oct. 27, 2023 |
N335908: The tariff classification of Frozen Sriracha Shrimp from France
| HTS: 1605.29.0500, 5%, “Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Other: …Prepared meals.” |
| Item: A Frozen Sriracha Shrimp meal. The product consists of cooked rice, vegetables, sauce, and shrimp (20.1%). The Frozen Sriracha Shrimp is packed in an airtight clear plastic pouch with a net weight of 283 grams. |
| Reason: N/A |
| Ruling Date: Oct. 27, 2023 |
N335922: The tariff classification of “Pixels Dice” from China
| HTS: 9504.90.6000, free, “Articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games…parts and accessories thereof: other: chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts thereof (including their boards); mah-jong and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice.” |
| Items: "Pixels Dice," imported as a single die or as a seven-piece dice set. Both options include a wireless charging case. The dice consist of LED lighting and small circuit boards with a Bluetooth antenna to connect to a smartphone or computer. They also contain a rechargeable Lithium battery sealed within a hardened epoxy resin. The product is designed for use in board games and various tabletop games. |
| Reason: N/A |
| Ruling Date: Oct. 26, 2023 |
N335819: The country of origin of space heaters from Vietnam
| Country of Origin: Vietnam |
| Items: An infrared, 1500-watt electric quartz radiant space heater. The heaters are completed in Vietnam through a four-step process. In the first and second step, key components are manufactured from raw materials in Vietnam and China. In Vietnam, the plastic front and rear covers, as well as the heater’s panel, are produced by an injection molding process. The metal front cover mesh and handle are stamped and further worked in Vietnam from raw steel of Chinese origin. Next, the reflection board assembly is manufactured in Vietnam from combining the two Chinese-stamped side panels with the body made from Chinese 430 stainless-steel that undergoes various stamping, forming, and welding processes in Vietnam. Finally, the subassemblies and body are sent for final assembly, testing, and packaging in Vietnam. |
| Reason: The Chinese components underwent enough of a change to afterwards emerge with a new name, character, and use that is different from what they possessed prior to processing, thus completing a substantial transformation. In addition, the heating elements, which are essential parts, are from Vietnam. |
| Ruling Date: Oct. 25, 2023 |