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:
N336013: The country of origin of an electrical controller
| Country of Origin: Indonesia |
| Item: The CA-CO Controlbox, which is a plastic housing having two printed circuit board assemblies (PCBAs) mounted inside. The Controller is intended to control and adjust actuators in various applications, such as hospital beds. In Indonesia individual components are soldered onto bare printed circuit boards to produce a communication PCBA and the mainboard PCBA. The two PCBAs are tested, programmed, and shipped to China where they are inserted into a plastic enclosure, the enclosure is ultrasonically welded, the controllers are packaged and prepared for export to the U.S. |
| Reason: The assembly work performed in China, which consists of inserting the two PCBAs into a plastic shell, is not complex and does not affect a substantial transformation of the PCBAs. |
| Ruling Date: Oct. 31, 2023 |
N336021: The tariff classification of a steel structure from Spain
| HTS: 7308.90.9590, free, "Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel: Other: Other: Other: Other: Other." |
| Item: A galvanized steel structure for a padel court. The steel structure, which is made to EN 10305-5 standard, includes: mesh modules, pillars, light posts, and net posts. All components are shipped together, unassembled, and ready for installation after importation into the United States. |
| Reason: Complete or finished articles presented unassembled or disassembled are to be classified in the same heading as the assembled article. |
| Ruling Date: Oct. 31, 2023 |
N336080: The tariff classification of a spiral grill brush from China
| HTS: 7323.10.0000, 9903.88.03, free + 25%, “Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel: Iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like.” |
| Item: A spiral grill brush. The article comprises an injection molded plastic handle, two twisted steel brush frames, two stainless-steel helical wire springs, and spiral-wound stainless steel wire. The springs are wrapped around the brush frames, bent into their final shape, and then pressed into the handle. The grill brush measures approximately 17.7 inches in length. The spiral grill brush is similar to a barbeque grill brush, but rather than having bristles, it is constructed of spiral-wound stainless-steel wire. The item is used to clean the grate of a barbeque grill. |
| Reason: The spiral-wound stainless-steel wire imparts the essential character to the grill brush. |
| Ruling Date: Oct. 31, 2023 |
N335685: The country of origin of Bentazone Herbicide from Malaysia
| Country of Origin: Malaysia |
| Item: Bentazone Herbicide formulated in Malaysia. Bentazone (CAS # 25057-89-0), a stable dormant solid form molecule insoluble in water and imported from China, will chemically react with Sodium Hydroxide Solution (CAS # 1310-73-2) in the presence of water to form Bentazone Sodium Salt (CAS # 50723-80-3). The process is run in batches until 50% Bentazone Sodium Salt manufacturing concentrate (CAS # 50723-80-3) is produced in liquid form. |
| Reason: The country of origin of the Bentazone Herbicide, having undergone a chemical reaction, mixing, and formulating, will be Malaysia. |
| Ruling Date: Oct. 30, 2023 |
N335694: The tariff classification of a dog robe from China
| HTS: 4201.00.6000, 9903.88.03, 2.8% + 25%, "Saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material: other" |
| Item: A dog robe constructed of 100% man-made textile materials. It is designed to be fitted over the torso of the dog. The robe features an opening for the dog’s head and adjustable hook-and-loop fasteners to secure the garment in place. |
| Reason: For an article to be considered a made-up article of textiles under subheading 6307.90.9891 there cannot be a more specific heading that also provides for the classification of the article. |
| Ruling Date: Oct. 30, 2023 |
N335774: The tariff classification of a carbon dioxide (CO2) generator 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.”" |
| Items: The “CarboLung,” which is a CO2 generator intended to supplement CO2 to enhance the growth of plants. This kit consists of the following items: a hard plastic case with a removable cover and an adjustable shoulder strap, plastic bellows (a collapsible water container), a bellows strap, a plastic scrubber bottle with cap, a short piece of tubing to connect the bellows to the scrubber bottle, a long piece of tubing to connect the scrubber bottle to the wand, 100 paper bags for quick release mode, 100 non-woven bags for slow-release mode, and a plastic squeeze bottle to fill the bags. |
| Reason: The plastic bellows is the core element to this article as it is where the chemical reaction takes place, and the other components merely compliment and/or enhance this principal function. As such, it would impart the essential character to this generator. |
| Ruling Date: Oct. 30, 2023 |
N335813: The tariff classification of an automatic transfer switch from China
| HTS: 8537.10.9170, 9903.88.03, 2.7% + 25%, “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other” |
| Item: The Automatic Transfer Switch (ATS), PN ATO-GCQ4-2500/4P, which consists of a circuit breaker switch assembly with a manual switch handle on the front face and a keyed switch operator lock. |
| Reason: N/A |
| Ruling Date: Oct. 30, 2023 |
N335905: The tariff classification of stoneware ceramic bowls from China
| HTS: 6912.00.4810, 9.8%, “Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Other. Suitable for food or drink contact.” |
| Item: Temp-tations 16-ounce figural bowls, sold as a set of two bowls. The ceramic bowls can be used for baking and cooking. |
| Reason: The ceramic bowls classified in subheading 6912.00.4500 are for soups, oatmeals and cereals valued over $6 per dozen. Ceramic bowls that can be used for baking and cooking and are provided in another subheading in the tariff. Therefore, classification in subheading 6912.00.4500 is precluded. |
| Ruling Date: Oct. 30, 2023 |
N335906: The country of origin of a bubble level
| Country of Origin: Vietnam |
| Items: A bubble level. Bubble levels are a hand tool used by tradespeople, inspectors, contractors, and homeowners to indicate how horizontal (level) or vertical (plumb) a surface is by use of three yellowish-green bubble vials. The three types of bubble vials are wholly manfuactured in Vietna, and will be sent to China for final assembly into a single final bubble level. Assembly requires one of each of the three types of bubble vials to be included and are not interchangeable. In China, raw aluminum profile stock will be cut to length and three holes will be machined to match the size and shape of each of the three different bubble vials from Vietnam along with an additional hole that will act as a tool handle. The Vietnamese bubble vials will be inserted into the machined holes with black plastic liners to keep them in the proper place. Plastic endcaps will be inserted into the ends of the aluminum profile, and a plastic liner will be inserted into the handle hole before retail packaging and export to the United States. |
| Reason: The assembly process performed in China is not considered complex and does not constitute a substantial transformation. |
| Ruling Date: Oct. 30, 2023 |
N335926: The tariff classification of a crude heater from Canada
| HTS: 8419.50.5000, free, "Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Heat exchange units: Other.” |
| Items: A Crude Heater Exchanger Module, which is described as a heat exchanger used in an oil refinery to heat crude oil. It is configured as a carbon steel shell-and-tube heat exchanger where two fluids, of different starting temperatures, flow through the unit. The fluids, namely oil and glycol, will enter through different inlets, remain separated by a barrier, and flow in opposite directions. Before the glycol enters the module, it is heated by a separate system in the facility using recycled waste heat produced from turbine exhaust. As the two fluids pass each other, the heat from the glycol is transferred to the oil. |
| Reason: N/A |
| Ruling Date: Oct. 30, 2023 |