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:
N319082: The tariff classification of rugs from Turkey
| HTS: 5702.42.1000, free, “Carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, including 'Kelem,' 'Schumacks,' 'Karamanie' and similar handwoven rugs: Other, of pile construction, made up: Of man-made textile materials: Wilton (including brussels) and velvet (including tapestry) floor coverings and floor coverings of like character or description.” |
| Item: Four woven cut pile rugs are machine made using a “face to face” Wilton construction or traditional Wilton construction. The fiber content of the warp pile yarns vary on each rug: the Carmel Beige is 30% polyester and 70% polypropylene; the Carmel Gray is 60% polyester and 40% polypropylene; the Carmel Multi is 100% polypropylene and the Carmel Blue is 25% polyester and 75 percent polypropylene. The rugs’ base yarns are 100% polypropylene. Each of the four rugs measures 2 x 7 feet and has bound edges. |
| Reason: N/A |
| Ruling Date: May 24, 2021 |
N319174: The tariff classification of women’s and men’s upper body garments from China
| HTS: (1) Women’s pullover: 6110.19.0080, 16%, “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of wool or fine animal hair: Other: Other: Women’s or girls’. Secondary classification: 9903.88.15, 7.5%. (2) Men’s pullover: 6110.19.0070, 16%, “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of wool or fine animal hair: Other: Other: Men’s or boys’.” Secondary classification: 9903.88.15, 7.5%. |
| Item: Men's and women's pullovers constructed from 100% merino wool slub knit fabric. The outer surface of the garments' fabric measures more than nine stitches per 2 centimeters in the direction the stitches were formed. The pullovers feature a pieced fitted hood with elastic tightening around the hood opening, long hemmed raglan sleeves with thumbhole cuffs, and a hemmed bottom that reaches to below the waist. |
| Reason: N/A |
| Ruling Date: May 24, 2021 |
N319175: The tariff classification and marking of a knife blade from Russia
| HTS: 8211.94.1000, 16 cents + 2.2%, “Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Other: Blades: For knives having fixed blades.” |
| Origin: Russia |
| Item: A stainless-steel knife blade made in Russia that will be used to assemble a fixed-bladed scallop knife for use in the scallop fishing industry. After importation, the tang will be inserted into either a gum rubber tube or a polyvinyl chloride (PVC) plastic tube to form the handle. |
| Reason: It is the blade that provides the essential character and adding the handle would be simple assembly. The addition of a Malaysian or U.S. origin tubing handle would not impact the country of origin. As the knife blade is made wholly in Russia, it must be conspicuously marked using either die stamping, cast-in-the-mold lettering, etching, or engraving, Made in Russia, that will remain visible after the handle is attached. |
| Ruling Date: May 24, 2021 |
N319219: The tariff classification of brackets from New Zealand
| HTS: 8302.41.6080, 3.9%, “Base metal mountings, fittings and similar articles… Other mountings, fittings, and similar articles, and parts thereof: Suitable for buildings: Other: Of iron or steel, of aluminum or of zinc… Other.” |
| Item: A steel bracket that will be attached to a GRIDLOK bracket using four #10 self-tapping screws. This bracket will enable walls to be braced at 22.5 degrees rather than the current angle of GRIDLOK arms which are set at 45 degrees. Used only in conjunction with GRIDLOK, the BC22 is required in wall bracing situations where the brace at 45 degrees is not feasible because of outer intrusions into space where a 45-degree brace would normally be installed. The BC22 will be sold as an option for use in the construction of hospitals and schools, and community colleges in California to reduce the damage to any ceiling system when an earthquake occurs. |
| Reason: N/A |
| Ruling Date: May 24, 2021 |
N315812: The tariff classification of three women’s garments from China
| HTS: (1) 6110.30.3059, 32%, “Sweaters, pullovers, sweatshirts, waistcoats (vests), and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Women’s or girls’: Other.” Secondary classification: 9903.88.15, 7.5%. (2) and (3): 6110.90.9030, 6%, “Sweaters, pullovers, sweatshirts, waistcoats (vests), and similar articles, knitted or crocheted: Of other textile materials: Other: Other: Sweaters for women’s or girls’: Subject to man-made fiber restraints.” Secondary classification: 9903.88.15, 7.5%. |
| Item: (1) A women’s cardigan constructed of two 2-ply yarns that are wholly composed of polyester fibers; (2) a women’s sweater constructed from one 3-ply man-made yarn (acrylic staple/polyester multifilament/elastomeric) twisted to one 2-ply man-made yarn (polyester multifilament/metallic strip); (3) a women’s sweater constructed of one textured polyester multi-filament and one non-textured polyester multi-filament twisted with short pieces of 2-ply polyester filament/metal strip yarn inserted into the chain structure. |
| Reason: N/A |
| Ruling Date: May 21, 2021 |
N317207: The tariff classification of Ebecryl ® 605 resin
| HTS: 3824.99.2890, 6.5%, “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other: Other.” |
| Item: A resin called Ebecryl ® 605. |
| Reason: The secondary ingredient serves a purpose in the finished product, and is not added solely for the purposes of safety or transport. As per Note 1(e) of Chapter 29 of the Harmonized Tariff Schedule of the United States (HTSUS), Ebecryl 605 is precluded from classification in Subheading 2916.12.10. |
| Ruling Date: May 4, 2021 |
N319431: The tariff classification of men’s shirts from Lesotho
| HTS: 6105.20.2010, 32%, “Men’s or boys’ shirts, knitted or crocheted: Of man-made fibers: Other: Men’s.” |
| Item: Men’s shirts constructed of 100% polyester knit fabric. |
| Reason: N/A |
| Ruling Date: May 21, 2021 |
N318582: The tariff classification and country of origin of Polyacrylamide Type A and Polyacrylamide Type B from Canada; Applicability of USMCA
| HTS: Polyacrylamide Type A: 3403.99.0000, 6.5%, “Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: Other: Other.” Polyacrylamide Type B: 3403.19.5000, 5.8%, “Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: Containing petroleum oils or oils obtained from bituminous minerals: Other: Other.” |
| Marking: Polyacramide Type A: Canada; Polyacramide Type B: U.S. |
| FTA: Qualifies for USMCA |
| Item: Polyacrylamide Type A, a dry powder, and Polyacrylamide Type B, a liquid, produced in Canada with raw materials from China, Oman, Canada, and the United States. The products are lubricating preparations and serve as friction reducers for fracturing activities. They help to reduce pressure during the fracking process and improve lubricity during pumping. These products are designed to work with produced water to avoid freshwater usage without compromising effectiveness nor the economics. Polyacrylamide Type B includes oil polymers and mineral oil as ingredients, while Polyacrylamide Type A does not. |
| Reason: Both Polyacrylamide Type A and Polyacrylamide Type B meet the relevant Part 102 and USMCA tariff shift rules. |
| Ruling Date: May 20, 2021 |
N319177: The country of origin of vacuum cleaners
| Origin: Vietnam |
| Item: A bagless, electric-powered vacuum cleaner designed for household use, assembled in Vietnam from parts and component sourced from both China and Vietnam. Approximate 21% (by unit cost) of the materials used to produce the vacuums are sourced from Vietnam. Parts and components manufactured in Vietnam include lower motor cover, wheel cover, upper motor cover, crevice tool, motor cover assembly, lower and upper cord wraps, stand holder, body assembly, dust cup assembly, exhaust grill assembly, user manual and packaging materials, etc. The parts and components imported from China are power cord and power switches, foot and foot wheel assemblies, handle assembly, hose assembly, pet tool, etc. |
| Reason: The components and parts are imported into Vietnam where they are manufactured into different subassemblies, which are ultimately assembled into the subject vacuum cleaners. The processing performed in Vietnam with respect to the vacuum cleaners in the scenario does constitute a substantial transformation of the imported components and parts into “products of” Vietnam. The manufacturing process in Vietnam transforms the non-originating components and parts to produce the finished vacuum cleaners. It creates a new and different article of commerce with a distinct character and use that is not inherent in the components imported into Vietnam. |
| Ruling Date: May 20, 2021 |
N319195: The tariff classification of a butler with tray from China
| HTS: 3924.90.5650, 3.4%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other: Other…Other.” |
| Item: A butler with tray, sold and marketed during the Halloween season. The butler is constructed of plastic and resembles a zombie-like figure, dressed in a white shirt with an orange bow tie, green jacket and matching green pants. The butler is holding a stainless steel tray in one hand and a polyester towel is draped over its arm. When the butler is activated, the eyes illuminate, and the figure emits a spooky greeting. The butler operates on three AAA batteries. |
| Reason: The butler has no function except to be displayed during Halloween and is purely decorative, but the stainless steel tray provides functionality to the item and is large enough to hold a bowl of Halloween candy. |
| Ruling Date: May 20, 2021 |