Communications Litigation Today was a Warren News publication.

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:

N331572: The country of origin of fiber optic modules

Country of Origin: India
Items: Fiber optic jumper assemblies with connectors affixed at each end enclosed within a plastic tray. The subject assemblies are used to provide fiber optic network connection within a commercial or private installation.
Reason: The Indian origin optical fibers impart the character of the finished item. As the jumper assemblies are used to complete the finished fiber optic cassettes, the incorporation of the jumper assembly into the various plastic components does not transform the assembly. As the jumper assembly imparts the character of the finished cassette, the origin of the jumper assembly would also confer the origin of the finished cassette.
Ruling Date: March 28, 2023

N331588: The tariff classification of men’s cycling jackets from China

HTS: 6113.00.9025; 9903.88.15, 7.1% + 7.5%, "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Coats and jackets: Other: Men’s or boys’."
Item: A men’s cycling jacket constructed from a three-layer laminated fabric consisting of an outer layer of 100% polyester knit fabric, a middle layer of a polyurethane film, and an inner layer of 100% polyester knit fabric. The garment features a full front opening with a two-way, weatherproof zipper closure that extends to the top of a stand-up collar; an inner storm flap; zippered side vents; and long sleeves with elasticized cuffs. The garment also includes a three-compartment, divided pocket and a hidden zippered pocket on the bottom back panel. In addition, the outer shell is treated with a C0 durable water repellent and the yoke and armhole seams are sealed with tape.
Reason: N/A
Ruling Date: March 28, 2023

N329628: The tariff classification of Xtone ceramic surfaces from Spain

HTS: (1), (2), (4), (6), (7): 6914.90.8000, 5.6%, “Other ceramic articles: Other: Other.”
(3), (5), (8) 6914.10.8000, 9%, “Other ceramic articles: Of porcelain or china: Other.”
Items: Agglomerated quartz slabs of the type used for countertops with (1) Aged Clay, (2) Alpi Verdi, (3) Aria White, (4) Bottega Acero, (5) Carrara White, (6) Ewood Honey, (7) Oxide Grey, and (8) Solo White varieties.
Reason: Laboratory analysis of the samples determined that Aria White, Carrara White, and Solo White are porcelain ceramic, while Aged Clay, Alpi Verdi, Bottega Acero, Ewood Honey, and Oxide Grey are stoneware ceramic.
Ruling Date: March 27, 2023

N331243: The tariff classification and country of origin of dual-mode charging power supplies

Country of Origin: Vietnam
HTS: 8504.40.9550, free, “Electrical transformers and static converters … : Other: Rectifiers and rectifying apparatus: Other.”
Items: two power supplies with maximum outputs of 14.9V and 100A
Reason: The assembly of the PCBAs in Vietnam by soldering the individual components onto the bare board results in a substantial transformation of the components to produce a PCBA of Vietnamese origin.
Ruling Date: March 27, 2023

N331247: The tariff classification of a jacquard-woven polyester upholstery fabric from China

HTS: 5515.12.0090; 9903.88.03, 12% + 25%, "Other woven fabrics of synthetic staple fibers, of polyester staple fibers: Mixed mainly or solely with man-made filaments: Other. "
Item: A woven fabric of yarns of different colors, characterized by an ornate design featuring a tone-on-tone color scheme. The fabric is of jacquard weave construction, weighs 586 g/m2 and is composed wholly of polyester, of which 80% is staple fibers and 20% is filament yarns. The fabric will be imported in 58-inch widths and will be used for upholstery.
Reason: N/A
Ruling Date: March 27, 2023

N331443: The tariff classification of a Cable Protection System from the United Kingdom

HTS: 7325.99.1000, free, "Other cast articles of iron or steel, other, other, of cast iron."
Item: A protection system to be used in an offshore wind power cable-laying operation. The system is complete and unassembled at the time of importation. All of the components will be shipped on the same conveyance. The CPS system is a hollow shell that will be assembled on the cable for the transition area where the laid cable will emerge from the seabed, at the wind tower location. A complete system incorporates approximately 1400 feet of the cast iron components, and 240 feet of principally plastic components for the final 240 feet from the seabed to the platform. The complete system will be installed at the site.
Reason: The metal in the subject CPS that predominates by weight is cast iron.
Ruling Date: March 27, 2023

N331589: The tariff classification of an animated Christmas decoration from China

HTS: 9505.10.2500, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.”
Item: Swan Pond, which is part of the Saint Nicholas Square Christmas Village Collection. The animated tabletop decoration is primarily made of polyresin and depicts a snow scene featuring the village swan pond surrounded by a footbridge, trees, assorted foliage, rocks, and a gazebo. One of the trees features a string of colored Christmas lights and the gazebo is trimmed with lights.
Reason: N/A
Ruling Date: March 27, 2023

N331649: The tariff classification of two tabletop Christmas decorations from China

HTS: 9505.10.2500, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.”
Items: Two tabletop decorations depicting two different styles of battery powered, illuminated Victorian lamp posts decorated for the Christmas holiday. The lamp posts are made of artificial stone, with limestone and polyresin uniformly mixed and fashioned to look like vintage iron lamp posts. When illuminated the items produce a soft glow but are not a significant source of light. Both lamp post styles will be marketed and sold exclusively to decorate the home for the Christmas holiday.
Reason: N/A
Ruling Date: March 27, 2023

N331651: The country of origin of a pliers

Country of Origin: Vietnam
Items: Three different types of pliers. Long nose pliers are gripping, pinching, and holding pliers. Lineman’s pliers are used by linemen, electrical contractors, and other tradesmen primarily for gripping, twisting, bending, and cutting wire, cable, and small metalwork components. Diagonal pliers are intended for cutting wire.
Reason: The pliers’ handles and jaws constitute the essence of the finished pliers. In each of the proposed manufacturing scenarios for the three pliers, raw steel is drop forged in Vietnam into plier handles and jaws that have the shape and form of the final product.
Ruling Date: March 27, 2023

N331139: The tariff classification of Oleyl dimethyl amine (CAS # 28061-69-0) from China

HTS: 2921.19.6190, 9903.88.03, 6.5% + 25%, "Amine-function compounds: Acyclic monoamines and their derivatives; salts thereof: Other: Other: Other: Other."
Item: Oleyl dimethyl amine (CAS # 28061-69-0). It is also known as N,N-Dimethyloctadecenylamine, C18:1 dimethylamine and N,N-dimethyloctadecen-1-amine. You state it will be used in the production of surfactants.
Reason: N/A
Ruling Date: March 24, 2023