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:
N319725: The tariff classification of a seat from China
| HTS: 9401.79.0035, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Other: Outdoor: Other: Other.” Secondary classification: 9903.88.04, 25%. |
| Item: A powder coated stainless-steel frame bench seat that incorporates solar panels, mobile phone chargers, and ambient night lighting. The bench is not upholstered. The top horizontal surface of the bench encases photovoltaic (PV) cells that generate 80W of power. A layer of tempered glass protects the PV cells from damage while occupants are seated. Power from the PV cells is stored in a 55Ah Lithium-ion battery. An internal controller regulates battery charging, discharge, prevent overvoltage charging and overheating, and switches off in the event of a short circuit or temperature overload. On the underside of the bench, LED strip lights provide ambient night lighting. Operating times are set via a Bluetooth equipped controller. The bench incorporates 2 USB charging outlets and a QI pad for wireless charging. The bench does not connect to an electrical power grid and is not designed to supply power to or from an electrical grid. The bench will be shipped fully assembled and packed in a single crate for sea transport. |
| Reason: N/A |
| Ruling Date: June 8, 2021 |
N319726: The tariff classification of a seat from China
| HTS: 9401.79.0035, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Other: Outdoor: Other: Other.” Secondary classification: 9903.88.04, 25%. |
| Item: A powder coated stainless-steel frame bench seat that incorporates solar panels, mobile phone chargers, and ambient night lighting. The bench is not upholstered. Composite wood slats form the seat foundation and are affixed to the metal frame. An upright column incorporating a rectangle illuminated display panel for advertising is affixed to the bench base. A solar panel array encasing photovoltaic (PV) cells generates 90W of power, provide overhead lighting, and is affixed to the upright column. Power from the PV cells is stored in a 55Ah Lithium-ion battery. An internal controller regulates battery charging, discharge, prevent overvoltage charging and overheating, and switches off in the event of a short circuit or temperature overload. On the underside of the bench, LED strip lights provide ambient night lighting. Operating times are set via a Bluetooth equipped controller. The bench incorporates 4 USB charging outlets and 2 QI pads for wireless charging. The bench does not connect to an electrical power grid and is not designed to supply power to or from an electrical grid. The bench will be supplied in three components from a single factory, the base bench, the upright column, and the solar panel array. The components will be packed in two crates for transport and will be bolted together on site. |
| Reason: N/A |
| Ruling Date: June 8, 2021 |
N319727: The tariff classification of a photovoltaic charger from China
| HTS: 8504.40.9580, free, "Electrical transformers, static converters…: Static converters: Other: Other.” Secondary classification: 9903.88.03, 25%. |
| Item: A powder coated stainless steel pole with mounting plates that incorporate a 45 W photovoltaic (PV) panel at the top. The Charging Pole has a small round 28-inch steel table surrounding the pole, where users can place their electronic devices during charging. Incorporated into the Charging Pole are a charge controller, a 30 Ah lithium-ion battery, three USB outlets, and one Qi charging pad. The Charging Pole does not connect to the electrical grid and functions as a stand-alone charger, and the power generated by the PV panel is provided solely to the charge controller for distribution to the various USB/Qi ports. |
| Reason: N/A |
| Ruling Date: June 8, 2021 |
N319790: The tariff classification of a seat from China
| HTS: 9401.71.0011, free “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Upholstered: Other household." Secondary classification; 9903.88.04, 25%. |
| Item: An armless and 100% faux fur polyester upholstered seat affixed to a folding metal frame. Seating is provided for a single individual. The saucer seat base and backrest is tufted. The saucer seat dimensions approximate 31” in length, 29.5” in width, and 27” in height. |
| Reason: N/A |
| Ruling Date: June 8, 2021 |
N319801: The tariff classification of a Wireless Charging Pad from China
| HTS: 8504.40.8500, free, “Electric transformers, static converters (for example rectifiers) and inductors; parts thereof: Static converters: For telecommunication apparatus.” Secondary classification: 9903.88.03, 25%. |
| Item: A 3 in 1 wireless charging pad that is a retail package containing an electromagnetic inductive type (Qi enabled) charging pad, a wall adapter, and an electrical cable. The function of the Charging Pad is to wirelessly charge up to three telecommunication devices, such as mobile phones and/or smart watches, in addition to other wirelessly chargeable devices like earphones. |
| Reason: N/A |
| Ruling Date: June 8, 2021 |
N319366: The classification and preferential status under the United States-Mexico-Canada Agreement of a Miter Saw
| HTS: 8465.91.0047, 3%, “Machine tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials: Other: Sawing machines…Woodworking machines: Other: Miter saws.” Secondary classification: 9903.88.03, 25%. |
| Origin: China |
| Item: A miter saw consisting of (1) a 15-amp motor which generates 4500 RPM, (2) a Sliding head with maximum crosscut capacity up to 12 inches, (3) a LED cut line, (4) a 10-inch carbide tipped blade, and (5) a dust bag. The 77 components are made in China and then shipped to Mexico for assembly into the final Miter Saw. |
| Reason: The assembly operations performed in Mexico are not complex. The Miter Saw is produced by joining these components together, but the Chinese components do not undergo a physical change as a result of assembly operations performed. |
| Ruling Date: June 7, 2021 |
N319386: The tariff classification of Progesterone Capsules in dosage form, from China
| 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: Progesterone, imported in 100 mg and 200 mg capsules, a class of medications called progestins (female hormones). It is indicated for use in the prevention of endometrial hyperplasia in non-hysterectomized postmenopausal women who are receiving conjugated estrogens tablets. It is also indicated for use in secondary amenorrhea. |
| Reason: N/A |
| Ruling Date: June 7, 2021 |
N319428: The tariff classification and status under the United States-Mexico-Canada Trade Agreement (USMCA) of a radio navigational aid apparatus
| HTS: 8526.91.0040, free, “Radio apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Other.” The rate of duty will be Free. |
| FTA: Qualifies for USMCA treatment. |
| Item: A Global Navigation Satellite System (GNSS) Inertial Navigation Systems that contains GNSS and Inertial Navigation System (INS) technologies and an Inertial Measurement Unit (IMU) and can track all present and upcoming GNSS constellations and satellite signals. A single enclosure GNSS and INS receiver that also contains an IMU to deliver position, altitude, and navigation technology in an integrated solution. The GNSS receiver card is manufactured in Canada through the Surface Mount Technology (SMT) process to create the PCBA. The individual components are soldered and pasted onto the PCB with pick and place equipment. The IMU is designed and manufactured in the U.S. or Japan. In the U.S. or Canada, the GNSS receiver card, the IMU, and all other components are assembled into an enclosure. |
| Reason: The relevant USMCA tariff shift rule is met. |
| Ruling Date: June 7, 2021 |
N319581: The tariff classification of footwear from Vietnam
| HTS: 6404.19.3960, 37.5%, "Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear of subheading 6404.19.20 and except footwear having a foxing or foxing-like band wholly or almost wholly of rubber or plastics applied or molded at the sole and overlapping the upper: other: other: other: for women." |
| Item: A woman’s, closed-toe/closed-heel, below-the-ankle casual shoe. The external surface area of the upper is textile material that is decorated with stitching to give it a quilted pattern. The shoe’s upper consists of two parts. One part of the upper is around the back of the foot and tapers to the outer sole on the sides of the foot. Elastic gore material is sewn to the medial side of this piece and attached under the arch. The second part of the upper covers the vamp, front, and sides of the foot and tapers to the sides of the foot. A lace is lasted on either side of the footbed. The laces are joined over the front of the foot with a small plastic toggle closure. The outer sole consists of rubber or plastics. Rubber/plastics components make up ten percent or more of the total weight of the shoe. |
| Reason: The laces are not necessary to put on or take off the shoe. Additionally, without the laces the upper is snug to the foot. |
| Ruling Date: June 7, 2021 |
N319363: The tariff classification of a valve piston from China
| HTS: 8481.90.9040, free, "Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: Parts: Other: Of valves of subheading 8481.20: Other." Secondary classification: 9903.88.01, 25%. |
| Item: An aluminum piston used in a pneumatic regulator valve. The piston is circular in shape and has specifically located pressure transmitting holes. One surface is flat with a groove for diaphragm installation, while the other surface has six “legs,” and notches. Each valve uses two of these interlocking pistons to form a mechanical structure for the valve’s diaphragm assembly, which works like an actuator. The signal diaphragm and control diaphragm are installed to the outer surfaces of the interlocked pistons to form the diaphragm assembly. |
| Reason: N/A |
| Ruling Date: June 4, 2021 |