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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N340642: The tariff classification of battery and charger set from China
| HTS: 8504.40.9550, 9903.88.03, free + 25%, “Electrical transformers and static converters…: Other: Rectifiers and rectifying apparatus: Other.” |
| Item: The 20 Volt – 4.0Ah Rechargeable Lithium-Ion Battery Pack and Battery Charger Set, Model Number CB5196B-11, which consists of a retail package containing one lithium-ion battery and one battery charger. The battery pack is described as a plastic case containing lithium-ion batteries, a stored power gauge, and is said to be used with power tools such as drills and saws. The charger is described as a plastic charging base having a charging indicator and fault monitoring circuitry. The charger functions to charge the battery pack, which only supplies power to the battery and cannot be used to provide power to other electrical machinery or apparatus. |
| Reason: The article(s) that provides the essential character of the battery and charger set is the charger. |
| Ruling Date: June 26, 2024 |
N340630: The tariff classification of motorcycle parts from the United Kingdom
| HTS: 8714.10.0050, free, “Parts and accessories of vehicles of headings 8711 to 8713: Of motorcycles…": Other” |
| Item: 8-, 9- and 10-gauge steel nipples specifically used to build custom motorcycle wheels. These are designed for motorcycle use only and cannot be used on traditional bicycles or e-Bikes. |
| Reason: N/A |
| Ruling Date: June 26, 2024 |
N340554: The tariff classification of a woman’s jacket from China
| HTS: 6211.49.5080, 9903.88.15, 1.2% + 7.5%, "Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of other textile materials: Other: Containing 70 percent or more by weight of silk or silk waste: Jackets and jacket-type garments excluded from heading 6202." |
| Item: A woman’s upper body garment constructed from 100% silk woven fabric. The garment extends below the hips and covers the shoulders, the back, the front, and the arms. The garment features an unsecured full front opening, long sleeves, side seam pockets below the waist, and a hemmed bottom. |
| Reason: N/A |
| Ruling Date: June 26, 2024 |
N340440: The tariff classification and country of origin of a Gypsum Ornament DIY Paint Kit
| HTS: 3213.10.0000, 9903.88.03, 6.5% + 25%, "Artists’, students’ or signboard painters’ colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings: Colors in sets." |
| Item: A Gypsum Ornament DIY Paint Kit. The kit contains an unpainted ornament made from gypsum, three small pods of paint, and a paint brush. The ornament will come in four different designs that have “Valentine” in some form etched into the body. The ornament is intended to be painted and used for Valentine decor. The Gypsum Ornament DIY Paint Kit is suitable for retail sale in its imported condition and will be marketed and sold during the Valentine holiday. |
| Reason: The essential character imparted by the paints and paint brush (colors in sets). |
| Ruling Date: June 26, 2024 |
N340370: The tariff classification of footwear from Bosnia and Herzegovina
| HTS: 6404.19.3960, 37.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Other: Footwear with open toes or open heels: Other: Other: Other: For women." |
| Item: A closed toe, open heel, slip-on shoe that does not cover the ankle. The external surface area of the upper is predominantly felted wool textile material, with a leather strip sewn around the topline. The midsole is comprised of a thick layer of cork and rubber/plastics. The outer sole is composed of rubber/plastics. Rubber or plastics components weigh 10 percent or more of the total weight of the shoe. The F.O.B. is valued over $12/pair. |
| Reason: N/A |
| Ruling Date: June 26, 2024 |
N340366: The tariff classification of NMRA-335140 tablets and placebo tablets from the United Kingdom
| HTS: (1) 3004.90.9239, 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: Medicaments primarily affecting the central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents: Other.” (2) 3006.93.5000, 6.4%, “Placebos and blinded (or double-blinded) clinical trial kits for a recognized clinical trial, put up in measured doses: Containing ingredients having nutritional value, in which starch or other foodstuff predominates by weight.” |
| Item: (1) NMRA-335140 tablets imported in 80 mg is a medicinal preparation containing, Navacaprant, a selective k-opioid receptor antagonist, as the active ingredient. The inactive ingredients are microcrystalline cellulose, lactose monohydrate, croscarmellose sodium and magnesium stearate. (2) The matching placebo tablets contains 33 percent microcrystalline cellulose, 66 percent lactose monohydrate and 1 percent magnesium stearate. NMRA-335140 tablets and its matching placebo tablets are packaged in separate boxes but will be shipped together in the same shipment. “NMRA-335140” is the product code designation for an investigational new drug (IND No. 145761) currently being evaluated in a randomized, double-blind FDA Phase 3 clinical trial to study the effects of Oral NMRA-335140 versus placebo in participants with major depressive disorder. You have provided three different scenarios for the imported NMRA-335140 and the matching placebo tablets with the following products: |
| Reason: The NMRA-335140 tablets and the matching placebo tablets are packaged separately and will be classified elsewhere. |
| Ruling Date: June 26, 2024 |
N337597: 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, 9822.05.01. Specifically, the inquiry concerns whether the trousers are eligible for DR-CAFTA preference pursuant to short supply numbers 147 and/or 150. |
| Item: A pair of men’s trousers stated to be constructed from 78% rayon, 19% nylon, and 3% spandex woven fabric. Style 4D-85216 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. While the waistband of the submitted sample has six belt loops, larger sizes may feature eight belt loops. 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: (DR-CAFTA) It was determined that the fabric does conform to the exact description and specifications set out in short supply number 150. |
| Ruling Date: June 26, 2024 |
N340812: The tariff classification of bicycle wheelset from Germany
| HTS: 8714.99.8000, 10%, “Parts and accessories of vehicles of headings 8711 to 8713: Other: Other: Other: Other: Other” |
| Item: A Bicycle Wheelset. In your request you state that this carbon fiber bicycle wheelset is for road or mountain bikes intended for recreational and competitive use and not used on e-bikes or motorcycles. |
| Reason: N/A |
| Ruling Date: June 27, 2024 |
N340787: The tariff classification of an incandescent vintage-style light bulb from China
| HTS: 8539.22.8030, 2.6%, “Electrical filament or discharge lamps…: Other filament lamps, excluding ultraviolet or infrared lamps: Other, of a power not exceeding 200 W and for a voltage exceeding 100 V: Other: Decorative.” |
| Item: The 40w, incandescent vintage-style light bulb. The bulb features ST64 shape, E26 base, 120v input voltage, and 140 lumen brightness. The bulb is dimmable but is not 3-way. |
| Reason: N/A |
| Ruling Date: June 27, 2024 |
N340774: The tariff classification of a dotting tool from China
| HTS: 7326.90.8688, 9903.88.03, 2.9% + 25%, “articles of iron or steel, other…other.” |
| Item: The Beauty Secrets Dotting Tool. This dotting tool is for the user to dip nail polish at the end of the tool, and place dots of it on fingernails to decorate fingernails. This tool has a shape similar to a pen. The body of the tool is cylinder shaped and is made of hard plastic. Both ends of the tool are cone shaped and a small ball is attached to each end. The ends of the dotting tool are made of stainless steel. The dipping tools will be sold at retail stores for retail and professional customers. The Beauty Secret Dotting Tool will be used to place dots of nail polish on fingernails and the ends of the tool will be used to perform this action. |
| Reason: The stainless steel components impart the essential character to the composite article. |
| Ruling Date: June 27, 2024 |