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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N340492: The tariff classification of a facial serum and a facial cream from the United Kingdom
| HTS: 3304.99.5000, free, “Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other.” |
| Item: Skincare products. The first item is a facial serum packaged in 30 mL glass bottles. The second item is a facial cream described as a barrier restoration cream packaged in 50 mL glass bottles. |
| Reason: N/A |
| Ruling Date: June 25, 2024 |
N340470: The country of origin of a license plate frame/holder
| Country of Origin: Vietnam |
| Item: A License Plate Frame (or License Plate Holder), which is a decorative frame that a consumer may place around a standard, automotive license plate that is issued by each of the US states to the owners of cars, trucks and automobiles. The frame is made of metal. It has a frame opening that allows an auto’s license plate to be visible, but the subject article covers the edges of the auto’s license plate providing a decorative frame. It has two pre-drilled screw holes that align with the holes of a standard license plate’s screw holes so that the subject article can be attached to the automobile using the same screws that attach the license plate to the automobile. The license plate holder is made in Vietnam from raw metal stock, where raw sheets of metal are punched into a license plate frame blank. The blank is then further formed and bent into the final shape and size of the license plate frame. The frame is subsequently sent to China where the front and back are either powder coated with paint or chrome plated. |
| Reason: Powder coating with paint or chrome plating the license plate holder in China does not substantially transform the frame into a new article with a new name, character or use. |
| Ruling Date: June 25, 2024 |
N340438: The country of origin of a single flanged wheel hub assembly
| Country of Origin: Thailand |
| Item: A Single Flanged Wheel Hub Assembly with Ball Bearings, without Splining and Anti-Lock Braking System (ABS) Components (Part Number G2-306). The wheel hub bearing unit mainly includes the outer flange, the inner ring and the sealing assembly. The outer flange end face is provided by a hole with a bolt, which can be directly connected with the suspension, brake device and hub. The structure replaces the original car steering knuckles, hub and bearing combination. The outer flange is sourced in Thailand. The rest of the components, such as the inner ring, steel balls, seal ring, cage, gear ring, dust cover, bolt, grease, and packaging are made in China and imported into Thailand for final assembly. |
| Reason: The country of origin of the bearings was determined to be the country in which the rings become races with precision raceways. Here, the inner ring, which is the inner race of the bearing, and the outer flange, which is the outer race of the bearing, are formed in Thailand. |
| Ruling Date: June 25, 2024 |
N340414: The tariff classification of footwear from China
| HTS: (1) 6402.91.9065, 9903.88.15, 20%, "Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Covering the ankle: Other: Other: Other: Valued over $12/pair: Other: For women: Other." (2) 6402.99.9005, 9903.88.15, 20%, “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Other: Other: Valued over $12.00/pair; Tennis shoes, Basketball shoes, gym shoes, training shoes and the like.” |
| Item: (1) A closed toe, closed heel, unisex boot. The boot covers the ankle, has desert boot styling, a pull tab at the back, and features laces threaded through four pairs of eyelets as a means of closure. The external surface area of the upper is 100 percent Polyurethane (PU) simulated to look like leather. The rubber/plastics outer sole is molded over the upper material for between 40 and 60 percent of the perimeter. It appears to have a foxing-like band. The F.O.B. value is $16 per pair. (2) A closed toe, closed heel, below the ankle sneaker. You state the shoe is unisex. The upper is comprised of 42 percent PU leather (Polyurethane), 30 percent TPU (Thermoplastic Polyurethane), and 28 percent textile mesh materials. The constituent material of the upper is 72 percent rubber or plastics. The outer sole is made of 100 percent rubber or plastics. You have provided an F.O.B. value of $15.30 per pair. |
| Reason: N/A |
| Ruling Date: June 25, 2024 |
N340376: The tariff classification of women’s garments from Turkey
| HTS: (1) 6204.43.4030, 16%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of synthetic fibers: Other: Other: Other: Women’s" (2) 6106.20.2010, 32%, "women’s or girls’ blouses and shirts, knitted or crocheted: Of man-made fibers: Other: Women’s." (3) 6204.49.5060, 6.9%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of other textile materials: Other: Other: Other." (4) 6204.63.9011, 28.6%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Trousers and breeches: Women’s: Other." |
| Item: (1) A woman’s dress. The fully lined sleeveless dress features a round neck collar and a full front opening secured by a side fastener. The dress extends from the shoulders to the mid-thigh area. The garment also features openings in the side seams and side seam pockets.These openings are intended to accommodate medical cords and tubes. (2) A woman’s blouse. The loose-fitting garment extends from the shoulders to below the waist and features a crew neckline, short sleeves, six snaps from the neckline to the sleeve hem, and a straight, self-start bottom. The garment is designed for use by women who need to access their PICC lines and ports without having to remove any clothing. (3) A woman’s dress. The fully lined dress features a pointed collar, short sleeves, side seam pockets below the waist, and a partial front opening secured by six button closures. The dress extends from the shoulders to the mid-thigh area. The garment also features openings in the side seams and side seam pockets. These openings are intended to accommodate medical cords and tubes. (4) A pair of woman’s trousers. The trousers feature a partial back elasticized waist, a zippered fly front opening with a button closure, two front pockets, and two faux rear pockets. The garment also features zippers on the insides of both pant legs. The zippers assist those with compression socks or small leg braces, the adjustable waist is designed for people with weight fluctuations, bloating, or for bulky devices or bags, and the extra elastic at the back of the waistband provides extra comfort when sitting. |
| Reason: N/A |
| Ruling Date: June 25, 2024 |
N338600: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of men’s trousers from Guatemala
| HTS: 6203.49.5015, 27.9%, "Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of other textile materials: Other: Of artificial fibers: Trousers, breeches, and shorts: Other: Other: Trousers and breeches: Men’s." |
| DR-CAFTA: Eligible |
| Item: A pair of men’s trousers. It features a flat waistband; a zippered fly front opening with a metal clasp closure and a button closure on the waistband; two inset pockets at the waist; two rear welt pockets with button closures; and hemmed leg openings. It is cut, sewn, and assembled in Guatemala from fabric of Chinese origin, and that the finished garments will be exported directly from Guatemala to the United States. |
| Reason: The fabric does conform to the exact description and specifications set out in short supply number 150. |
| Ruling Date: June 25, 2024 |
N340819: The tariff classification, country of origin for marking purposes, and country of origin for purposes of Applicability of Section 232 of alloy steel plate
| HTS: 7226.91.5000, 9903.80.01, free + 25%, "Flat-rolled products of other alloy steel, of a width of less than 600 mm: Other: Not further worked than hot-rolled: Other: Of a thickness of 4.75 mm or more." |
| Country of Origin: France |
| Item: Invar 36 steel plate which will be used in the semiconductor industry as parts of machines that manufacture microchips. This hot-rolled alloy steel plate, which has been annealed and shot blasted, measures 4.56” (115.82 mm) in thickness, 11” (279.4 mm) in width, and 16” in length. Hot-rolled, annealed, and shot blasted alloy steel plate of French origin produced from steel slab is sent to the U.K. The plate measures 4.56” (115.82 mm) in thickness, 44.48” in width and 129.13” in length. In the U.K., the chemistry of the plate is verified, the plate is pre-cut using a Waterjet cutting process, and the plate is cut to final dimensions. After the processing takes place in the U.K., the plate measures 11” (279.4 mm) in width and 16” in length while the thickness remains the same (4.56” or 115.82 mm). The cut-to-length plate then is packed in wooden boxes and imported into the United States (U.S.). |
| Reason: (Origin) The plate enters the U.K. from France as plate and leaves the U.K. as plate. |
| Ruling Date: June 26, 2024 |
N340771: The tariff classification of a pet treat launcher from China
| HTS: 8479.89.9599, 9903.88.03, 2.5% + 25%, "machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other." |
| Item: A mechanical, pistol-shaped pet treat launcher made predominantly of plastic. It uses a spring-loaded mechanism to shoot out pet treats that are loaded by the user into the unit’s treat compartment (treats not included). The spring mechanism is made of plastic and iron enclosed securely in a plastic housing. In operation, the user applies pressure (manual force) to the unit’s trigger which releases the energy stored in spring-loaded mechanism, propelling the treat forward. |
| Reason: N/A |
| Ruling Date: June 26, 2024 |
N340675: The tariff classification of bar soap finishing machines from Italy, Spain, China, or India
| HTS: (1) 8479.82.0040, 9903.88.01, free + 25%, "machines and mechanical appliances having individual functions, not specified or included elsewhere in [Chapter 84]; parts thereof: other machines and mechanical appliances: mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: mixing, kneading or stirring machines." (2) 8479.82.0080, 9903.88.01, free + 25%, "machines and mechanical appliances having individual functions, not specified or included elsewhere in [Chapter 84]; parts thereof: other machines and mechanical appliances: mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: other. " (3), (4), (5) 8479.89.9599, 9903.88.03, 2.5% + 25%, "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." (6) 9903.88.01; 9903.88.03, free, “Tricycles, scooters, pedal cars and similar wheeled toys … dolls, other toys … puzzles of all kinds; parts and accessories thereof … Other.” |
| Item: (1) The Sigma Mixer model MA is powered by an electric motor and features horizontally arranged mixing shafts and attached blades. It can be used with either a single shaft or a double shaft depending on size. Its function is to mix soap noodles with color, fragrance, or other additives. (2) A simplex (one-barrel) unit that receives the amalgam from the Mixer and mechanically refines, homogenizes, and filters the mixture through screens. It is powered by an electric motor. (3) The Sigma Refiner series LE is bench-top laboratory bar soap extruder, comprised of both a refiner and extruder (a/k/a plodder). It is used by laboratories to make small soap bars and produce soap samples. This electrically powered unit extrudes small bars having the necessary physical properties to allow for soap stamping. It normally requires a chiller, which is not at issue here. (4) A duplex (two-barrel) vacuum plodder machine, consisting of a top stage refiner and a bottom stage extruder. A vacuum chamber lies between the refiner and extruder stages. It accepts the refined soap noodles and forms a long continuous billet by compressing the material and forcing it through a die plate. It is electrically driven. (5) The Sigma Cutter, model “Varicut,” accepts the soap billet from the refiner/extruder and cuts into it smaller pieces, now called soap slugs. It can be electrically or pneumatically driven. The Varicut uses a vertical blade to cut the soap billet. Timing is done by a rotary encoder through a programmable logic controller. (6) A rotary soap press, receives the soap slugs and presses them into a shape while also de-flashing the excess soap from the perimeter of the finished soap bar. Its drive is fully electronic and is driven by a servo motor and programmable logic controller. The pressed soap bar is removed from a chilled die-set and pulled through a de-flashing plate to remove the flashing. Flashing is recycled and the finished soap bar is placed on a conveyor connected to a packaging machine (not at issue here). The Stamper R requires a vacuum pump which is not included with the importation. |
| Reason: N/A |
| Ruling Date: June 26, 2024 |
N340645: The tariff classification of an attenuator from China
| HTS: 8533.40.8070, free, “Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof: Other variable resistors, including rheostats and potentiometers: Other.” |
| Item: The item concerned is an adjustable coaxial attenuator (model # FMAT1022). It is used to reduce the amplitude of a radio frequency (RF) signal. It incorporates a dial which allows the user to adjust the level of attenuation (between 0 and 70dB with a 10dB step size). |
| Reason: N/A |
| Ruling Date: June 26, 2024 |