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:
N320916: The tariff classification of decorative art prints from China
| HTS: (1) 4911.91.4040, free, “Other printed matter… Other pictures, designs and photographs: Printed not over 20 years at the time of importation: Other; Other; Other" (2) 4911.91.3000, free, “Other printed matter… Other pictures, designs and photographs: Printed not over 20 years at the time of importation: Other; Lithographs on paper or paperboard: Over 0.51 mm in thickness.” |
| Item: Two art prints, (1) one digitally printed and (2) one printed by means of offset lithography |
| Reason: Additional US Note 1 to Chapter 49 states, “For the purposes of determining the classification of printed matter produced in whole or in part by a lithographic process, the thickness of such printed matter is that of the thinnest paper contained therein, except that the thickness of a permanently mounted lithograph is the combined thickness of the lithograph and its mounting.” In the case of the second print, the paper is reportedly 0.26 mm thick and is permanently mounted to a board that is 2.7 mm thick. However, the first print, which is digitally produced, does not meet the definition of lithography. Digital printing and lithography are two distinct methods of printing. |
| Ruling Date: Aug. 24, 2021 |
N320635: The tariff classification and country of origin of Chlordiazepoxide Hydrochloride and Clidinium Bromide Capsules USP, 5 mg/2.5 mg
| HTS: 3004.90.9260, 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: Other.” |
| Item: Chlordiazepoxide Hydrochloride and Clidinium Bromide Capsules, a medicinal preparation containing a fixed combination of Chlordiazepoxide hydrochloride (5 mg), a benzodiazepine, and Clidinium bromide (2.5 mg), an anticholinergic, as the active ingredients. Chlordiazepoxide Hydrochloride and Clidinium Bromide Capsules are indicated to control emotional and somatic factors in gastrointestinal disorders. It may also be used as adjunctive therapy in the treatment of peptic ulcer and in the treatment of the irritable bowel syndrome (irritable colon, spastic colon, mucous colitis) and acute enterocolitis. |
| Reason: N/A |
| Ruling Date: Aug. 23, 2021 |
N320864: The tariff classification of footwear from China
| HTS: 6405.90.9060, 12.5%, "Other footwear: other: other: other." |
| Item: A woman’s, closed-toe/closed-heel, below-the ankle, lace-up sneaker; a woman’s, closed toe/closed heel, dress shoe; a woman’s, open toe/closed heel, dress shoe; and a woman’s, closed toe/closed heel, pump style, dress shoe |
| Reason: N/A |
| Ruling Date: Aug. 23, 2021 |
N320921: The tariff classification of a costume from China
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Item: A toddler size basketball costume, which consists of an upper body garment meant to resemble a basketball. The flimsy article covers the wearer’s torso and is composed of a textile fabric shell stuffed with polyester filling to create a round shape. The pullover costume features armholes and a large back opening with small hook and loop tabs. The fabric is printed to resemble a basketball. The item appears to be constructed with long loose straight stitching. |
| Reason: N/A |
| Ruling Date: Aug. 23, 2021 |
N317852: The tariff classification of yarns from China
| HTS: 5606.00.0090, 8%, “Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn: Other.” Secondary subheading: 9903.88.03, 25%. |
| Item: A yarn composed of 100 percent polyester. The yarn is for retail sale and is intended for hand knitting. |
| Reason: The yarn meets the definition of chenille yarn specifically provided for under heading 5606. |
| Ruling Date: Aug. 20, 2021 |
N320834: The tariff classification of aircraft loaders/transporters from Great Britain and Spain
| HTS: 8428.90.0290, free, “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery: Other.” |
| Item: A self-propelled single platform container loader that can lift and lower containers and is used in airport ground handling operations, and a loader designed to lift cargo for loading into a variety of military and commercial aircraft. |
| Reason: N/A |
| Ruling Date: Aug. 20, 2021 |
N320935: The tariff classification and marking of “Disperse Orange 47” from China
| HTS: 3204.11.1000, 6.5%, "Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter: Disperse dyes and preparations based thereon: Disperse orange 47." |
| Item: A disperse dye that will be imported in powder form and intended to be used in the plastics industry. |
| Reason: N/A |
| Ruling Date: Aug. 20, 2021 |