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:
N339011: The country of origin of a Foldable Aluminum Copper Fitting Tool
| Country of Origin: South Korea |
| Item: A Foldable Aluminum Copper Fitting Tool. This hand-operated tool is typically used to press and crimp pipes, fittings, joints, and sleeves made of copper. It has long foldable handles and short rounded jaws, with compound joints to maximize leverage and force. The main components of the tool include two rounded jaws (i.e., the head), two aluminum handles, two aluminum handle joints, and two head joints. The jaws are made using steel bars sourced from China. The steel bars are shipped to South Korea, where they are forged into the final shape and form of the jaws. Additionally, the handles and handle joints are cast from aluminum in South Korea. The components are then shipped to China where they are further machined, heat-treated, plated and powder painted. Holes are also drilled into the jaws, handle joints and head joints. The parts are then assembled with two Chinese-origin head joints and Chinese-origin fasteners and PVC grips. Finally, the finished tool is packaged and shipped to the United States. |
| Reason: The machining and assembly processes performed in China do not constitute a substantial transformation of the two rounded jaws (i.e., the head), the two aluminum handles and the two aluminum handle joints that were manufactured in South Korea. These articles provide the essential characteristics of the finished tool, are dedicated for use as such and cannot be used for any other purpose. |
| Ruling Date: April 2, 2024 |
N338982: The tariff classification of paddle switch from Mexico
| HTS: 8536.50.9065, free, “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not exceeding 1,000 V; connectors for optical fibers, optical fiber bundles or cables: Other switches: Other: Other: Other.” |
| Item: The Sensor Paddle Switch is a printed circuit board assembly (PCBA) mounted within a plastic housing with a paddle-style operator mechanism. The PCBA is said to contain passive components, where the position of the paddle opens/closes the contacts and provides a resistive value to a motor vehicle’s electronic control unit. The Sensor Paddle Switch is mounted onto an electric vehicle’s steering column for the driver to interact with and engage a regenerative braking system when depressed. |
| Reason: N/A |
| Ruling Date: April 2, 2024 |
N338935: The country of origin of an electric range from Vietnam
| Country of Origin: Vietnam |
| Item: A 30-inch standard electric range with four cooktop burners. The burners will be operated by four corresponding control knobs and the oven by a control panel. This range would be assembled in Vietnam from components sourced from China and Vietnam. The bulk of the parts to construct the range will be from China. Various metal components would be produced in Vietnam. They would include the following: cover bracket back, drawer bracket back, terminal block bracket, rear connector plate, heater cover, drawer baseplate, outer heat shield, middle heat shield, cavity front plate support, baseplate, cavity bracket, drawer liner outer cover, drawer panel, and kitchen range board front bracket. The manufacturing process for the metal parts in Vietnam include stamping, bending, and degreasing of the metal to form the finished components. The kitchen range board assembly, door assembly, small cabinet door assembly, energy regulator assembly, and foot support assembly will all be produced in Vietnam. To complete the manufacturing of this range, pneumatic screwdrivers would be primarily utilized. |
| Reason: The Chinese components underwent enough of a change to afterward emerge with a new name, character, and use that is different from what they possessed prior to processing, thus completing a substantial transformation. |
| Ruling Date: April 2, 2024 |
N338868: The tariff classification of aluminum bars from China
| HTS: (1) 7604.29.3030, 9903.85.01, 9903.88.15, 2.6% + 10% + 7.5%, "Aluminum bars, rods and profiles: of aluminum alloys: other: bars and rods: having a round cross section: high-strength heat-treatable alloys of a kind described in statistical note 6 to this chapter." (2) 7604.29.3060, 9903.85.01, 9903.88.15, 2.6% + 10% + 7.5%, "Aluminum bars, rods and profiles: of aluminum alloys: other: bars and rods: having a round cross section: heat-treatable industrial alloys of a kind described in statistical note 7 to this chapter." |
| Item: The products to be imported are extruded and forged round aluminum bars for use in industrial and commercial applications. According to your submission, the extruded bars are made from type 7075-T6511 aluminum alloy and measure 8 inches in diameter. The forged bars are made from type (1) 7075-T652 aluminum alloy with a diameter of 24 inches or made from type (2) 6061-T652 aluminum alloy with a diameter of 32 inches. |
| Reason: N/A |
| Ruling Date: April 2, 2024 |
N338708: The tariff classification of Daihatsu HiJet Mini Dumpers from Japan
| HTS: 8704.31.0020, 25%, “Motor vehicles for the transport of goods: Other, with only spark-ignition internal combustion piston engine: G.V.W. not exceeding 5 metric tons: G.V.W. not exceeding 2.5 metric tons.” |
| Item: A Daihatsu Hijet Mini Dumper. These dumpers are “non-road” mini trucks with a covered cab. They include a dumper mechanism—specifically, a rear-tilt dump bed. They are equipped with front-passenger restraints, no rear seating, and a rear-dump capacity of 0.35 metric tons. They are powered by a 30 kW three-cylinder engine rated at less than 660 cc. |
| Reason: While the modifications listed may render it incapable of being registered and titled for use on public roads, they do not modify the Mini Dumper in such a way to make it akin to the vehicles classified in 8704.10. |
| Ruling Date: April 2, 2024 |
N338648: The tariff classification of decorative metal lanterns from China
| HTS: (1), (2) 8306.29.0000, free, "Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Statuettes and other ornaments, and parts thereof: Other." |
| Item: (1) The “Decorative Lantern.” The body of the decorative lantern has a net-like pattern made of iron with a metal base that holds a glass jar inside. The glass jar has a raised flat surface on the bottom and does not include a way to secure a candle or light source. The top of the glass jar is fitted with a metal ring with clips to attach the jute handle. (2) The Decorative Solar Lantern. The body of the decorative lantern has a net-like pattern made of iron with a metal base that holds a glass jar inside. The glass jar has a raised flat surface on the bottom and does not include a way to secure a candle or light source. The top of the glass jar is fitted with a metal ring with clips to attach the jute handle. The solar component is mounted to the top of the glass jar. When powered on, the glowing light is emitted through the decorative metal body. |
| Reason: The heading for the base metal component appears last in numerical order and as such the decorative lanterns will be classified in the heading that provides for base metal ornaments. |
| Ruling Date: April 2, 2024 |
N339041: The tariff classification and eligibility for a partial duty exemption under subheading 9802.00.60, Harmonized Tariff Schedule of the United States (HTSUS), of Ammonium Metatungstate, CAS # 12028-48-7, from Germany
| HTS: 2841.80.0010, 5.5%, "Salts of oxometallic or peroxometallic acids: Tungstates (wolframates): Of ammonium." |
| Eligiblity for HTS 9802.00.60: Eligible |
| Item: Ammonium Metatungstate is a greyish-white powder, which is highly soluble in water and used as a raw material in the production of various tungsten containing catalysts, most typically used in hot hydrocracking, hydrotreating, and DeNox. |
| Reason: The imported Ammonium Metatungstate, CAS # 12028-48-7, will be sold to unrelated companies in the U.S. to be further processed into various tungsten containing catalysts at their U.S. facilities. |
| Date: April 3, 2024 |
N338976: The tariff classification of graphics processing units from China
| HTS: 8473.30.1180, 9903.88.03, free + 25%, "Parts and accessories … suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Printed circuit assemblies". |
| Item: The Graphics Processing Module is a PCI Express printed circuit board assembly having 24 GB GDDR6 memory, three display port output sockets, one HDMI output socket, and heatsink/fan assemblies. The video card is a graphics processing unit (GPU), incorporating the AD102 CPU architecture, that is intended to be physically mounted inside an automatic data processing machine for the purpose of rendering the graphics interface/imaging applications to an output device, such as a display monitor. |
| Reason: N/A |
| Ruling Date: April 3, 2024 |
N338860: The tariff classification of hockey pullovers from Vietnam
| HTS: 6114.30.3060, 14.9%, “Other garments, knitted or crocheted: Of man-made fibers: Other: Other: Men’s or boys’.” |
| Item: Bauer Hockey Long Sleeve Neck Protect-Senior and the Bauer Hockey Long Sleeve Neck Protect-Junior are pullover style garments for men and boys. The pullover-style garment features a mock turtleneck and long hemmed sleeves. The mock turtleneck is lined with Kevlar and is used to protect a hockey player’s neck arteries from accidental laceration. |
| Reason: The garments are intended to be worn to play hockey. The garments have no practical application as street or casual wear. |
| Ruling Date: April 3, 2024 |
N338795: The tariff classification of Fesoterodine Fumarate Extended-Release Tablets in dosage form, from India
| HTS: 3004.90.9291, 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: Other.” |
| Item: Fesoterodine Fumarate is an antimuscarinic drug. It is indicated for the treatment of overactive bladder (OAB) in adults with symptoms of urge urinary incontinence, urgency, and frequency. |
| Reason: N/A |
| Ruling Date: April 3, 2024 |