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:
N333374: The tariff classification of a plastic bin from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other.” |
| Item: A extra-large plastic bin for general use made from injection-molded polypropylene plastic. All sides of the bin are solid except for two handle openings. |
| Reason: CBP has found that plastic storage bins and crates for household use have decorative features such as tapered sides, buckles, loops, handles with contrasting reinforcement, textile linings, or faux leather coverings. In addition, although sturdily constructed, household storage items are usually, though not always, constructed of plastic sheeting or of paperboard covered with plastic sheeting. This bin is marketed and sold as a general-purpose container and purchasers expect to use it as such, both inside and outside the home. |
| Ruling Date: June 15, 2023 |
N333384: The tariff classification of women’s trousers from Bangladesh
| HTS: 6113.00.1012, 3.8%, "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, other." |
| Item: A pair of women’s trousers. It is composed of cellular polyurethane plastic material with a backing of 95% polyester 5% elastane knit fabric. The unlined pants feature two front pockets, belts loops at the waist, a zippered fly closure with a button at the waist, elastic on each side of the waist, two cargo pockets, two rear patch pockets and hemmed leg openings. |
| Reason: N/A |
| Ruling Date: June 15, 2023 |
N333439: The tariff classification and applicability of Section 301 trade remedies to a 14-Piece Hole Saw Kit assembled in Vietnam with components from Vietnam and China
| HTS: 8202.99.0000, Free, "Handsaws, and metal parts thereof; blades for saws of all kinds (including slitting, slotting or toothless saw blades), and base metal parts thereof: other saw blades, and parts thereof: other (including parts)." |
| Item: A 14 piece carbide tipped hole saw kit containing 11 tungsten carbide tipped hole saw blades, all of which are manufactured in Vietnam from raw materials sourced in Vietnam. The hole saw blades are used to create precise circular cuts, two pilot bits manufactured in China from materials sourced in China. The pilot bits are responsible for drilling a pilot hole, centering the cut, and stabilizing the hole saw, and one arbor adapter manufactured in China from materials sourced in China. The arbor connects the hole saw blade to the pilot bit. The arbor also allows for rapid core ejection, quick diameter changes, angle cuts, and enlargement of existing holes. |
| Reason: The complete set is a product of Vietnam |
| Ruling Date: June 15, 2023 |
N331682: The tariff classification of a carbon fiber telescoping pole from China
| HTS: 6815.13.0000, 9903.88.03, Free + 25%, "Articles of stone or of other mineral substances (including carbon fibers, articles of carbon fibers and articles of peat), not elsewhere specified or included: Carbon fibers; articles of carbon fibers for non-electrical uses; other articles of graphite or other carbon for non-electrical uses: Other articles of carbon fibers.” |
| Item: A telescoping pole which measures 152 centimeters long when collapsed, reaching approximately 274 centimeters when fully extended. It features EVA foam grips and is designed to be fitted with a variety of attachments, such as brushes, mops, and squeegees, in order to clean boats. The Pole-Arm is made of PAN fiber which has not been fully carbonized. |
| Reason: The item is composed wholly of carbonized carbon fiber. |
| Ruling Date: June 14, 2023 |
N332913: The tariff classification, country of origin, marking, and eligibility of the United States-Mexico-Canada Agreement (USMCA) status of a cat deterrent from Canada
| HTS: 3808.99.9501, 5% (Free), “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Containing any aromatic or modified aromatic pesticide: other: other …" |
| Country of Origin: Canada |
| USMCA Eligibility: Eligible |
| Item: A cat deterrent consisting of two ingredients: rosemary oil and rosemary plant paste. The rosemary oil is the sole active ingredient. The rosemary oil and rosemary paste are the byproducts of an extractive manufacturing process in Canada from plants grown in Morocco. The ingredients described as rosemary oil and dry herbaceous plant material are blended together, packed for retail, then packed in cartons for shipment to the U.S. |
| Reason: N/A |
| Ruling Date: June 14, 2023 |
N332987: The tariff classification of a hard-sided insulated cooler from China
| HTS: 4202.19.000, 9903.88.03, 20% + 25%, "Trunks, suitcases, vanity cases, and similar containers, other." |
| Item: A hard-sided insulated cooler constructed of stainless steel. The cooler features a handle on each side. The article is designed to maintain the temperature of and provide storage, protection, portability, and organization to food and beverages. The cooler will be imported with two metal kegs that are specially shaped and designed to be used in the interior of the cooler. |
| Reason: While the article at issue is constructed of stainless steel, coolers are more specifically provided for in Heading 4202. |
| Ruling Date: June 14, 2023 |
N333138: The tariff classification of women’s upper body garments from China, Taiwan, and Vietnam
| HTS: (1)(2)(3)(4) 6106.10.0010, 9903.88.15, 32% + 25%, "Women’s or girls’ blouses and shirts, knitted, or crocheted: Of cotton, Women’s." |
| (5): 6106.10.0010, 9903.88.15, 19.7% + 25%, "Women’s or girls’ blouses and shirts, knitted, or crocheted: Of cotton, Women’s." |
| Items: (1) A women’s hooded blouse constructed from 92% polyester, 4% lyocell, and 4% elastane knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a self-fabric hood, a cross over neckline, long sleeves with rib-knit cuffs and thumb openings, overlock stitching at the raglan sleeve seams, and a contrasting color woven fabric label on the rib-knit bottom. (2) A women’s blouse constructed from 92% polyester and 8% elastane knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a crew neckline, long, hemmed, raglan sleeves with thumb openings, overlock stitching at the raglan sleeve seams, a contrasting color woven fabric label on the bottom left front panel, and a self-fabric sewn-on bottom band. (3) A women’s hooded blouse constructed from 92% polyester, 8% elastane knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a self-fabric hood, a partial front opening with five snap closures, long, hemmed raglan sleeves with thumb openings, overlock stitching on the raglan sleeve seams, a contrasting color woven fabric label on the bottom left front panel, and a self-fabric loose-fitting sewn-on bottom band. (4) A women’s hooded shirt constructed of 92% polyester, 4% lyocell, and 4% elastane, knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a self-fabric hood, a full front opening with a zippered closure, long sleeves with self-fabric cuffs, two slant side entry pockets at the waist, a contrasting color woven fabric label on the bottom left front panel, and a self-fabric bottom band. (5) A women’s blouse constructed from 63% cotton, 32% polyester, and 5% elastane knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. The loose-fitting garment extends from the shoulders to below the waist and features a rib-knit crew neckline, long sleeves with rib-knit cuffs, a contrasting color woven fabric label on the center back panel below the neckline and a rib-knit bottom. |
| Reason: N/A |
| Ruling Date: June 14, 2023 |
N333152: The tariff classification of alloy steel line pipe from Germany
| HTS: 7305.12.5000, 9903.80.01 , Free + 25%, "Other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel: line pipe of a kind used for oil or gas pipelines: other, longitudinally welded: of alloy steel." |
| Item: Line pipe used to transport liquid natural gas. The alloy steel pipe is cold-rolled from plate and then longitudinally welded. |
| Reason: N/A |
| Ruling Date: June 14, 2023 |
N333153: The tariff classification of polyethylene high-performance reflective insulation from Canada
| HTS: 3921.90.4090, 4.2%, "Other plates, sheets, film, foil and strip, of plastics: other: other: flexible: other." |
| Item: A 4 mm sheet of insulation consisting of three layers: an outer sheet of metallized polyethylene, center bubble sheet and an outer sheet of white polyethylene. The product is intended for use as an insulation or vapor barrier in a variety of construction applications. |
| Reason: N/A |
| Ruling Date: June 14, 2023 |