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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N342336: The tariff classification of a woman's metal belt from Cambodia
| HTS: 7326.90.8688, 2.9%, "other articles of iron or steel, other, other…other." |
| Item: The belt is a gold-colored metal stretch wire belt that features a gold-colored metal closure in the shape of a nautilus shell. The outer surface of the belt is made of zinc, and the inner coil wire is made of steel. |
| Reason: Regarding the classification of composite articles, Section XV, Note 7 of the HTSUS states that “articles of base metal containing two or more base metals are to be treated as articles of the base metal predominating by weight over each of the other metals.” The metal in the belt that predominates by weight is steel. Therefore, the belt will be classified under heading 7326, which provides for other articles of iron or steel. |
| Ruling Date: Sept. 18, 2024 |
N342419: The tariff classification of differential components from China
| HTS: (1) When used with passenger vehicles, 8708.50.8900, 9903.88.03, 2.9% + 25%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Drive-axles with differential, whether or not provided with other transmission components, and non-driving axles; parts thereof: Parts: For vehicles of heading 8703: Other: Other: Other.” When used with pickup trucks, 8708.50.9900, 9903.88.03, 2.5% + 25% “Parts and accessories of the motor vehicles of headings 8701 to 8705: Drive-axles with differential, whether or not provided with other transmission components, and non-driving axles; parts thereof: Parts: For other vehicles: Other: Other: Other.” (2) When used with passenger vehicles, 8708.50.8100, 9903.88.03, free + 25%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Drive-axles with differential, whether or not provided with other transmission components, and non-driving axles; parts thereof: Parts: For vehicles of heading 8703: Other: Of cast iron.” When used with pickup trucks, 8708.50.9300, 9903.88.03, free + 25%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Drive-axles with differential, whether or not provided with other transmission components, and non-driving axles; parts thereof: Parts: For other vehicles: Other: Of cast iron.” |
| Item: The articles, the Center Section Housing (1), Bare Case, and Pinion Support (2), are components of a Ford 9-inch differential. The Center Section Housing is made of steel. Its function is to house the axle tubes and suspension brackets; the ends of the housing hold the axles. It is imported as an empty housing into the United States. It is assembled with the other components, (axle tubes, suspension brackets, housing ends, bearings, and brackets) which are sourced elsewhere by other vendors, in the United States. The Bare Case and the Pinion Support are made from cast nodular iron. Their function is to support the internal components, (pinion gear, bearings seals etc.) which are sourced elsewhere by other vendors. They are fitted together in the United States to the front of the housing to create a complete differential. |
| Reason: N/A |
| Ruling Date: Sept. 18, 2024 |
N342424: The tariff classification of Testosterone Cypionate in dosage form, from the Netherlands
| HTS: 3004.39.0050, 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, containing hormones or other products of heading 2937: Other: Other.” |
| Item: Testosterone Cypionate, imported in dosage vials of 200 mg/mL for intramuscular injection, contains Testosterone Cypionate, which is the oil-soluble 17 (beta)-cyclopentylpropionate ester of the androgenic hormone testosterone. It is indicated for replacement therapy in males for conditions associated with symptoms of deficiency or absence of endogenous testosterone. |
| Reason: N/A |
| Ruling Date: Sept. 18, 2024 |
N342459: The tariff classification of Arsenic Trioxide for Injection in dosage form, from Argentina
| HTS: 3004.90.9215, 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: Antineoplastic and immunosuppressive medicaments.” |
| Item: Arsenic Trioxide for Injection, imported in dosages of 10 mg/10 mL vial, is a chemotherapeutic agent used in the treatment of refractory or relapsed acute promyelocytic leukemia in patients with prior retinoid and anthracycline chemotherapy. The Arsenic Trioxide for Injection will be exported out of India but the country of origin is Argentina. |
| Reason: N/A |
| Ruling Date: Sept. 18, 2024 |
N342461: The tariff classification of Sodium Sulfate-Potassium Sulfate-Magnesium Sulfate Oral Solution in dosage form, from India
| HTS: 3004.90.9250, 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 digestive system: Laxatives.” |
| Item: Sodium Sulfate-Potassium Sulfate-Magnesium Sulfate Oral Solution is a combination medication containing 17.5 grams of Sodium Sulfate, 3.13 grams of Potassium Sulfate and 1.6 grams of Magnesium Sulfate. It is an osmotic laxative indicated for cleansing of the colon in preparation for colonoscopy in adult and pediatric patients 12 years of age and older. |
| Reason: N/A |
| Ruling Date: Sept. 18, 2024 |
N338218: The tariff classification of a girl’s upper body garment from Vietnam
| HTS: 6114.30.2010, 32%, "other garments, knitted or crocheted, of man-made fibers, bodysuits and bodyshirts, of a fabric containing by weight 5 percent or more elastomeric yarn or rubber thread." |
| Item: A girl’s fully lined bodysuit constructed of 78% nylon and 22% elastane knit fabric. The legless bodysuit features long sleeves, a self-fabric mock turtleneck and a front partial zipper closure. The garment will be imported in girls’ sizes 4 to 6, 6X and 7 to 16. |
| Reason: N/A |
| Ruling Date: Sept. 17, 2024 |
N340304: The tariff classification of four glass articles from China
| HTS: 7013.42.2000, 9903.88.15, 22.5% + 7.5%, “Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes ... : Glassware of a kind used for table (other than drinking glasses) or kitchen purposes, other than that of glass-ceramics: Of glass having a linear coefficient of expansion not exceeding 5 x 10-6 per Kelvin within a temperature range of 0 degrees Centigrade to 300 degrees Centigrade: Other: Valued not over $3 each.” |
| Item: The four glass articles are packaged with locking snap-on plastic lids. Item #1 measures approximately 5.28 inches in diameter by 2.36 inches high and has a capacity of 13.8 ounces. Item #2 measures 6.08 inches in diameter by 2.63 inches high and has a capacity of 20.29 ounces. Item #3 measures 6.9 inches in diameter by 2.87 inches high and has a capacity of 32.5 ounces, and item #4 measures 7.85 inches in diameter by 3.1 inches high and has a capacity of 44.63 ounces. |
| Reason: The merchandise consists of at least two different articles, which are prima facie, classifiable in different headings and are put together to carry out a specific activity (i.e., the storage of food). The articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the merchandise is a set within the term “goods put up in set for retail sale.” GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character. Based on the use, value, and quantity of the items included in the set as imported, that the essential character is imparted by the glass articles. |
| Ruling Date: Sept. 17, 2024 |
N342417: The tariff classification of an injection molding machine from Austria
| HTS: (1) 8477.10.9030, 3.1%, “Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in [Chapter 84]; parts thereof: Injection-molding machines: Other: Of a type used for processing thermoplastics: With a clamp force less than 50 tons.” (2) 8480.71.8045, 3.1%, “Molds for rubber or plastics: Injection or compression types: Other: Other: Injection type.” |
| Item: A manually operated injection molding machine (1) measuring 90 x 70 x 160 cm (L x W x H) and weighing 30.5 kg. Its principal components include a wood frame, a hopper, a handwheel operated rack-and-pinion piston drive, an injection cylinder, a nozzle, an electrically powered heater (200-240 V, 50-60 Hz), and an adjustable clamping table. In operation, shredded plastic flakes or granules are fed into the hopper. Heating elements then melt the plastic to about 230°C. When the handwheel is turned by the user, the rack drive’s piston forces the melted plastic through the injection cylinder and nozzle into a mold (2) that has been placed on the clamping table. The mold is secured in place by a manual, lever-activated spring clamp which forces the clamping table with the mold upon it upwards against the nozzle. The IMK2 can be used either as a free-standing unit or mounted on a wall or floor. The IMK2 is used to produce plastic items to raise awareness on plastic recycling, or in training facilities and universities to train people on the principles of injection molding. As imported, IMK2 will include one CNC milled aluminum spinning top mold used to create small toy spinning tops. The imported mold will consist of two halves held together by screws. Different molds can be purchased to produce other small three-dimensional plastic items such as combs, clothing pegs, buttons, clothing hooks, carabiners, etc. |
| Reason: N/A |
| Ruling Date: Sept. 17, 2024 |
N342496: The tariff classification of bean bag sets
| 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: Five bean bag sets offered in a variety of colors, quantities, and compositions with each bean bag in a set measuring 6 inches by 6 inches square. |
| Reason: N/A |
| Ruling Date: Sept. 17, 2024 |
N342497: The tariff classification of bean bag sets
| 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: Five bean bag sets offered in a variety of colors, quantities, and compositions with each bean bag in a set measuring 6 inches by 6 inches square. |
| Reason: N/A |
| Ruling Date: Sept. 17, 2024 |