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:
N337240: The country of origin of an Arc-Fault/Ground-Fault circuit breaker
| Country of Origin: Malaysia |
| Item: A dual function circuit breaker, produced under two scenarios of an assembly process occurring in China. |
| Reason: Both scenarios result in an origin of Malaysia because the essential components that establish the character of the circuit breaker. Namely, the trip unit, arc chute, and bimetal strip, are of Malaysian origin and the non-complex assembly process is conducted in China where no substantial transformation occurs. |
| Ruling Date: Feb. 5, 2024 |
N337879: The tariff classification of a textile costume from China
| HTS: 9505.90.6000, free, "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." |
| Item: A child-sized costume, identified as DP Core Cinderella Dress F23, which consists of a man-made textile pullover dress. The flimsy pullover dress features short sleeves, back neck, and deep back opening with large, visible, loose overlock stitching. The deep back opening is closed with a single small tab of hook and loop fastener. The short sleeves have exposed narrow elastic stitched directly to the sleeves with a single row of long loose straight stitching. The half elastic waist consists of a single strip of narrow exposed elastic stitched directly to the back of the dress with one row of long, loose straight stitching. The hem bottom is finished with large, visible, loose overlock stitching. |
| Reason: Although there is some styling on the garment, the dress is not well-made. |
| Ruling Date: Feb. 6, 2024 |
N337878: The tariff classification of a costume from China
| HTS: 9505.90.6000, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Item: A child-sized costume, identified as DP Rapunzel Core Dress F23, which consists of a man-made textile pullover dress. The flimsy pullover dress features short sleeves, back neck and deep back opening with large, visible, loose overlock stitching. The deep back opening is closed with a single small tab of hook and loop fastener. The short sleeves have exposed narrow elastic stitched directly to the sleeves with a single row of long loose straight stitching. The half elastic waist consists of a single strip of narrow exposed elastic stitched directly to the back of the dress with one row of long, loose straight stitching. The hem bottom is finished with large, visible, loose overlock stitching. |
| Reason: Although there is some styling on the garment, the dress is not well-made. |
| Ruling Date: Feb. 6, 2024 |
N337701: The tariff classification of Amoxicillin/Potassium Clavulanate Tablets in dosage form, from India
| HTS: 3004.10.5045, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses… or in forms or packings for retail sale: Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives: Other: Other: Combination antibiotics.” |
| Item: Amoxicillin/Potassium Clavulanate, imported in 250 mg/125 mg, 500 mg/125 mg and 875 mg/125 mg tablets, is a combination drug consisting of Amoxicillin (antibiotic) and Potassium Clavulanate (ß-lactamase inhibitor). It is indicated for use in the treatment of bacterial infections including streptococcal pharyngitis, pneumonia, urinary tract infections, and skin infections. |
| Reason: N/A |
| Ruling Date: Feb. 6, 2024 |
N337694: The country of origin marking of an angled abutment
| Country of Origin Marking: If the name of the country of origin is preceded by “Made in,” “Product of,” or other words of similar meaning is marked in the location of the proposed origin marking and is in lettering of comparable size with the shipper’s address and the representative address, it will meet the special marking requirements. |
| Item: An angled abutment is packed in the tray of a three-panel (one middle and two side panels) PET blister. The two side panels of the blister are foldable for logistical reasons. Both the current and proposed labels are affixed to the blister on the three panels. |
| Reason: CBP has previously ruled that in order to satisfy the close proximity requirement of this regulation, the country of origin marking must appear on the same side(s) or surface(s) on which the name of the locality other than the country of origin appears. Although the two side panels of the blister are foldable for logistical reasons, they can be easily folded back to be a flat surface. Therefore, the three panels of the blister can be considered on the same side or surface. |
| Ruling Date: Feb. 6, 2024 |
N337690: The tariff classification of an organizer from Vietnam
| HTS: 4820.10.2020, free, “Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: Memorandum pads, letter pads and similar articles.” |
| Items: The “Pocket Organizer” is an organizer with front and back covers made of grayboard covered with decorative paper. A metal clip is affixed to the front cover to hold papers and serve as a writing surface. Permanently wire-bound inside are six double-sided polypropylene pockets for storing papers. An 8.5” x 11” notepad of lined paper (50 sheets) is slipped into an inside pocket for easy note taking. |
| Reason: CBP has consistently determined that the main function of such organizers and padfolios is to provide a convenient and organized way to take notes in a variety of locations and circumstances, with the central item for note-taking being the memo pad. |
| Ruling Date: Feb. 6, 2024 |
N337667: The tariff classification of half bale covers from India
| HTS: (1), (2) 6307.90.9891, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Item: (1) A Half Bale Cover,” is a textile cover intended to protect lumber, yarn, and other goods from the elements. The cover is composed of dyed, UV resistant, 100% polypropylene (PP) strips with a coating of PP film on the interior side. The material used in the construction of the cover is considered a textile for tariff purposes. The covers are available in different lengths and widths depending on customer specifications. (2) A “Half Bale Cover,” is a textile cover intended to protect lumber, yarn, and other goods from the elements. The cover is composed of UV resistant 100% clear PP strips with a coating of PP film on the interior side. The cover can also be composed of UV resistant, 100 percent clear HDPE strips with a coating of PP film on the interior side or available without the coating of PP film on the interior side. |
| Reason: The material used in the construction of the cover is considered a textile for tariff purposes. |
| Ruling Date: Feb. 6, 2024 |
N337664: The tariff classification of Ropivacaine Hydrochloride for Injection in dosage form, from Germany
| HTS: 3004.90.9244, free, “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics: Other.” |
| Item: Ropivacaine Hydrochloride for Injection is a local anesthetic of the amide type with analgesic activity. It is used for local or regional anesthesia during surgery and for the short-term management of acute pain. Ropivacaine Hydrochloride for Injection will be exported from India but the country of origin is Germany. |
| Reason: N/A |
| Ruling Date: Feb. 6, 2024 |
N337660: The tariff classification of Gemfibrozil Tablets in dosage form, from China
| HTS: 3004.90.9221, free, "Medicaments… consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Cardiovascular medicaments: Other." |
| Item: Gemfibrozil is a lipid regulator that is used in the reduction of serum triglyceride levels in high-risk patients with hyperlipidemia. |
| Reason: N/A |
| Ruling Date: Feb. 6, 2024 |
N337682: The tariff classification of two privacy booths from China
| HTS: 9403.89.6020, 9903.88.03, free + 25%, “Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other, Other.” |
| Item: The Meeting Pod EPD101 and the Meeting Pod EPD201 are privacy booths with a collapsible ceiling for ease of transport. They are intended for use by students and others seeking privacy to study, make phone calls, participate in virtual meetings, etc. |
| Reason: N/A |
| Ruling Date: Feb. 6, 2024 |