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:
N336451: The tariff classification of a streaming set from China
| HTS: 9620.00.7000, 9903.88.03, 2.5% + 25%, “Monopods, bipods, tripods and similar articles: Other: Of aluminum.” |
| Item: The “Gamechanger” Streaming Kit 2.0. The Gamechanger consists of a tripod, a phone/camera mount, and a mountable carry case, all imported packaged together for retail sale as a set. The carry case can be mounted to a chain link fence or the provided tripod to protect the camera or phone from the sun and provide shelter from the rain. The aluminum tripod is designed to work with the mounting case, a phone, or a camera mount. Moreover, the 51-inch tripod, which contains three legs, is used to reduce random movements. |
| Reason: Classification will be in accordance with General Rule of Interpretation 3(c), which requires, in relevant part, that the item be classified in the heading (in this instance, heading 9620, HTSUS), which occurs last in numerical order among those which merit equal consideration. |
| Ruling Date: Nov. 21, 2023 |
N336481: The tariff classification of Fishing Rod kit from China
| HTS: 9507.10.0040, 9903.88.15, 6% + 7.5%, "fishing rods and parts and accessories thereof...fishing rods” |
| Item: The product is a fishing rod and accessories kit. The kit comprises an unmounted fishing reel, telescopic fishing rod, plastic tackle box with a spool of fishing line, 2 floats, 2 float rests, 2 lures, and 2 fish hooks. The spool contains 25 meters of a 0.35mm line. The complete kit will be imported from China and sold in one retail blister package. |
| Reason: This office considers the Fishing Rod kit, item number 91111, to be a set for the purposes of the HTSUS with the essential character imparted to the set by the fishing rod portion of the product. |
| Ruling Date: Nov. 21, 2023 |
N336539: The tariff classification of plastic containers from China
| HTS: 3923.90.0080, 9903.88.03, 3% + 25%, "articles for the packing or conveyance of goods, of plastics: other: other" |
| Item: The product under consideration is a plastic clamshell style three-compartment lidded tray. It will be used by restaurants as a takeout container by restaurant customers. |
| Reason: N/A |
| Ruling Date: Nov. 21, 2023 |
N333137: The tariff classification of a polyester stable fiber yarn from Vietnam or Indonesia
| HTS: 5509.53.0030, 13.2%, "Yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale: Other yarn, of polyester staple fibers: Mixed mainly or solely with cotton: Not exceeding 52 Nm.” |
| Item: A single-ply yarn stated to be composed of 80 percent polyester and 20 percent cotton staple fibers. The yarn will be used in a commercial setting to to produce circular knit fabrics for t-shirts. |
| Reason: The yarn is composed of polyester and cotton staple fibers. Hence, the applicable subheading for the yarn will be 5509.53.0030. |
| Ruling Date: Nov. 20, 2023 |
N336254: The tariff classification of a decorative hair clip from China
| HTS: 9615.11.4000, 5.3%, “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair curlers and the like, other than those of heading 8516, and parts thereof: combs, hair-slides and the like: [o]f hard rubber or plastics: other: not set with imitation pearls or imitation gemstones.” |
| Item: The “Pink and Pearl Hair Extensions”. This item consists of three braided polyester faux hair extensions and two strings of plastic imitation pearls that are attached to a thin metal snap clip. |
| Reason: While we agree that the plastic pearls would impart the essential character to the article, General Rule of Interpretation 3(b) noted, they are “strung” and not “set” onto the hair clip as required by the subheading language. |
| Ruling Date: Nov. 20, 2023 |
N336272: The tariff classification and country of origin of a semiconductor transistor from China
| HTS: 8541.29.0095, 20%, "Semiconductor devices (for example, diodes, transistors, semiconductor-based transducers)…: Transistors, other than photosensitive transistors: Other: Other: Other." |
| Items: A semiconductor chip transistor. This device is made from a silicon carbide metal-oxide-semiconductor field-effect transistor (MOSFET) wafer. This is a wafer that has been manufactured to contain thousands of transistor chips within the wafer. At time of import into the United States, these wafers have been cut into individual transistor chips which are then mounted and packed into separate MOSFETs (individual packaged transistors). The finished article is a 4 terminal transistor with an operating frequency of less than 30 MHz. |
| Reason: N/A |
| Ruling Date: Nov. 20, 2023 |
N336335: The tariff classification of water treatment systems from South Korea
| HTS: 8421.21.0000, free, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: For filtering or purifying water.” |
| Item: Advanced water treatment systems imported under model numbers WEC400 and WEC600. The WEC400 and WEC600 are similar in function and construct except for the two black modules inside the units. The WEC400 Navien Deionization (NDI) modules are smaller than the WEC600 NDI modules. The WEC600 also consumes slightly more power and can handle up to 500 parts per million total dissolved solids (TDS), while the WEC400 handles up to 300 parts per million. |
| Reason: N/A |
| Ruling Date: Nov. 20, 2023 |
N336020: The tariff classification of glass panels from China
| HTS: 7007.19.0000, 9903.88.03, 5% + 25%, “Safety glass, consisting of toughened (tempered) or laminated glass: Toughened (tempered) safety glass: Other.” |
| Item: Transparent glass panels designated to be used in a padel court as specific replacement/spare parts. The glass panels are approximately .47 inches thick. The edges are polished, and each panel features six holes for mounting. Based on the information provided, you state that the article is made of tempered glass. |
| Reason: N/A |
| Ruling Date: Nov. 17, 2023 |
N336098: The tariff classification of a spacer and a set collar from China
| HTS: 8413.91.9096, 9903.88.01, free + 25%, “Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof: Parts: Of Pumps: Other: Other." |
| Items: A spacer and a set collar. The spacer is a steel cylinder configured to fit a specific location within the pump. The spacer contributes to the positioning of certain components within the pump’s casing, such as a rotor and a bearing. The set collar, which features a precisely located opening for a setscrew, is shaped to be installed into the pump stuffing box, specifically where the shaft travels into the pump’s casing. The steel collar establishes the operating height of the mechanical seal spring and maintains the connection of the seal faces. The spacer and set collar are internal components of their respective positive displacement pumps. |
| Reason: As the spacer is a component part of a specific machine, i.e., a pump provided for within heading 8413, is it excluded from heading 8487. |
| Ruling Date: Nov. 17, 2023 |
N336153: Tariff classification of a decorative water fountain
| HTS: 8413.70.2004, 9903.88.01, free + 25%, “submersible pumps as other centrifugal pumps for liquids.” |
| Items: A decorative water fountain. The fountain is tiered, designed for water to flow down from upper tiers that are shaped as pots into a larger round-shaped pot. It is designed for indoor and outdoor use, and features a submersible pump. |
| Reason: The pump imparts the essential character of the fountain. |
| Ruling Date: Nov. 17, 2023 |