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:
N322436: The tariff classification of conversation cards from China
| HTS: 4911.99.6000, free, “Other printed matter:… Other: Other: Other: Printed on paper in whole or in part by a lithographic process.” |
| Item: A game that includes 50 question cards and 20 action cards designed to “spark deep conversations between you and your family.” Examples of the question cards ask, “What advice would you give your past self?’ and “What was your childhood home like?” Examples of the action cards read, “Give each other a warm hug” and “Take turns sharing three things you are grateful for.” The cards are printed on paper via offset lithography |
| Reason: The “Parents Are Human” cards are not a competition or contest, there is no element of skill, chance or endurance, no rules, and no method of scoring. Rather, the cards are designed to foster communication and connection between family members. |
| Ruling Date: Nov. 15, 2021 |
N322561: The tariff classification of a plastic pet food storage container from China
| HTS: 3924.90.5650, 3.4%, "Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other: Other." |
| Item: A plastic pet food storage container. This item consists of a rectangular-shaped storage container with an attached lid and a scoop. The container is made of high-density polyethylene (HDPE) and the scoop is made of polypropylene plastic. The lid has an airtight seal and is on a hinge that allows for access to the container when it is pulled downwards. A small magnet on the back of the scoop allows the item to be attached to the inner part of the lid when not in use. The item is designed to store pet food and is for home use. |
| Reason: N/A |
| Ruling Date: Nov. 15, 2021 |
N322263: The country of origin of portable air conditioning units and the applicability of certain trade remedies under Section 301
| Origin: Thailand |
| Item: Portable air conditioning units assembled in Thailand from components that originate in China, including the compressor, and Thailand, including sub-assemblies from Thailand. Inlet and outlet tubing for the condenser and evaporator is formed in Thailand from globally-sourced copper tube that is cut, bent, reamed, and formed. Once the inlet and outlet tubing are formed, they are welded to the Chinese condenser and Chinese evaporator. |
| Reason: The Chinese condenser and evaporator become finished articles in Thailand, where the inlet and outlet tubings are cut, bent, reamed, formed, and welded to the Chinese condenser and evaporator. It is these additional processes, which occur in Thailand, that substantially transform the Chinese evaporator and condenser of the AC’s cooling unit into a finished condenser and evaporator. Considering that the majority of the cooling components are from Thailand, the country of origin of the subject window AC units for the purpose of applying current 301 Trade Remedies is Thailand. |
| Ruling Date: Nov. 12, 2021 |
N322264: The country of origin of portable air conditioning units and the applicability of certain trade remedies under Section 301
| Origin: Thailand |
| Item: Portable air conditioning units assembled in Thailand from components that originate in China, including the compressor, and Thailand, including sub-assemblies from Thailand. Inlet and outlet tubing for the condenser and evaporator is formed in Thailand from globally-sourced copper tube that is cut, bent, reamed, and formed. Once the inlet and outlet tubing are formed, they are welded to the Chinese condenser and Chinese evaporator. |
| Reason: The Chinese condenser and evaporator become finished articles in Thailand, where the inlet and outlet tubings are cut, bent, reamed, formed, and welded to the Chinese condenser and evaporator. It is these additional processes, which occur in Thailand, that substantially transform the Chinese evaporator and condenser of the AC’s cooling unit into a finished condenser and evaporator. Considering that the majority of the cooling components are from Thailand, the country of origin of the subject window AC units for the purpose of applying current 301 Trade Remedies is Thailand. |
| Ruling Date: Nov. 12, 2021 |
N322266: The country of origin of window air conditioning units and the applicability of certain trade remedies under Section 301
| Origin: Thailand |
| Item: Window air conditioning units assembled in Thailand from components that originate in China, including the compressor, and Thailand, including sub-assemblies from Thailand. Inlet and outlet tubing for the condenser and evaporator is formed in Thailand from globally-sourced copper tube that is cut, bent, reamed, and formed. Once the inlet and outlet tubing are formed, they are welded to the Chinese condenser and Chinese evaporator. |
| Reason: The Chinese condenser and evaporator become finished articles in Thailand, where the inlet and outlet tubings are cut, bent, reamed, formed, and welded to the Chinese condenser and evaporator. It is these additional processes, which occur in Thailand, that substantially transform the Chinese evaporator and condenser of the AC’s cooling unit into a finished condenser and evaporator. Considering that the majority of the cooling components are from Thailand, the country of origin of the subject window AC units for the purpose of applying current 301 Trade Remedies is Thailand. |
| Ruling Date: Nov. 12, 2021 |
N322409: The tariff classification of a macrame wall decoration from China
| HTS: 5609.00.3000, 4.5%, “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers.” |
| item: A decorative wall hanging that features four gold wires and a rust half round plate of iron welded together to form a semicircle which is connected to a wooden dowel by 36 strands of 100 percent polyester twisted yarn. The strands of yarn form an intricately designed knotted diamond pattern that measures 5.91 inches square with 9 inch long self fringe at the bottom. The wall hanging measures 19 inches in length by 12 ½ inches in width and includes a looped 100 percent polyester yarn attached to the top gold wire, allowing the decoration to be hung. |
| Reason: The essential character of the Macramé Wall Décor is imparted by the polyester yarn. |
| Ruling Date: Nov. 12, 2021 |
N322411: The country of origin and status under the United States-Korea Free Trade Agreement (UKFTA) of electrical wire cables
| HTS: 8544.49.9000, 3.9%, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Other: Other: Other.” |
| FTA: Qualifies for UKFTA |
| Item: Electrical cable wires including a MHF cable SER cable, URD cable, USE cable, and XHHW cable, made of a bundle of aluminum conductor wires encapsulated in insulation. The cables are imported on reels in lengths of 1,000 feet and are not terminated with connectors. Aluminum ingots are imported into Korea from Australia where they are melted, alloyed, casted, and rolled into rods. The rods are then drawn and stranded into wires before they are insulated, and laid up into the completed products. The finished insulated cables are then placed on reels and packaged for sale and transportation to the United States. |
| Reason: The applicable tariff shift rule under General Note 33(o)/54.92 states: A change to subheadings 8544.30 through 8544.49 from any other heading. Based upon the information provided, the aluminum ingot is the the only non-originating material used in the manufacturing process in Korea. As this material would be classified outside of heading 8544, HTSUS, it would make the aforementioned tariff shift. |
| Ruling Date: Nov. 12, 2021 |
N322597: The tariff classification of a bunny with ball pet toy from China
| HTS: 6307.90.7500, 4.3%, “Other made-up articles, including dress patterns: Other: Toys for pets, of textile materials.” |
| Item: A stuffed fabric pet toy fitted with a removable ball. The toy is designed for playing fetch and tug of war with a dog. The stuffed pet toy is composed of two fabrics: a 100 percent polyester woven printed fabric that forms the front and back and a 100 percent polyester woven plush pile fabric that forms the sides. The toy is stuffed with polyfiber. The item is shaped like a bunny and measures 9 inches in length by 10.5 inches in height. Each bunny features embroidered whiskers and an eye on both the front and back. An oval hole is cut out in the body holding a removable, ovoid shaped thermoplastic rubber (TPR) ball. The ball measures 3 inches in diameter and contains an internal squeak mechanism. |
| Reason: The “Bunny with Ball Pet Toy” is a composite good consisting of a made-up textile article (heading 6307) and a TPR ball (heading 3924). Neither the textile nor the TPR material imparts the essential character of the pet toy. Therefore, classification under GRI 3(c) is appropriate. |
| Ruling Date: Nov. 12, 2021 |
N322265: The country of origin of portable air conditioning units and the applicability of certain trade remedies under Section 301
| Origin: Thailand |
| Item: Portable air conditioning units assembled in Thailand from components that originate in China, including the compressor, and Thailand, including sub-assemblies from Thailand. Inlet and outlet tubing for the condenser and evaporator is formed in Thailand from globally-sourced copper tube that is cut, bent, reamed, and formed. Once the inlet and outlet tubing are formed, they are welded to the Chinese condenser and Chinese evaporator. |
| Reason: The Chinese condenser and evaporator become finished articles in Thailand, where the inlet and outlet tubings are cut, bent, reamed, formed, and welded to the Chinese condenser and evaporator. It is these additional processes, which occur in Thailand, that substantially transform the Chinese evaporator and condenser of the AC’s cooling unit into a finished condenser and evaporator. Considering that the majority of the cooling components are from Thailand, the country of origin of the subject window AC units for the purpose of applying current 301 Trade Remedies is Thailand. |
| Ruling Date: Nov. 12, 2021 |
N320934: The tariff classification of four decorative glass pumpkins from India
| HTS: 7013.99.5090, 30%, “Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…Other glassware: Other: Other: Other: Valued over thirty cents but not over three dollars each…Other." |
| Item: Four glass pumpkins are made of soda lime glass. The exterior surfaces of all four glass pumpkins are painted, and have either a metal or plastic stem attached to the top. On the bottom of one glass pumpkin is a plastic compartment for three button-cell batteries (included), with an on-off slide switch. When switched on, a micro-LED light strand within the glass pumpkin illuminates, enhancing the decorative effect of the article. Laboratory analysis has determined that the glass is not pressed and toughened (specially tempered), nor is it cut or engraved. The four glass pumpkins are not colored prior to solidification, and only contain some air bubbles. They do, however, contain arsenic oxide as a fining agent. |
| Reason: The glass component provides the essential character of the four glass pumpkins. |
| Ruling Date: Nov. 10, 2021 |