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:
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
N328797: The country of origin of a graphite mixture material
| Country of Origin: China |
| Item: A graphite material that is given the designation of “HPGTP-series” and will be used in the production of lithium-ion batteries. HPGTP-series will be a mixture of raw natural graphite and artificial graphite. |
| Reason: CBP has generally held that mere mixing of two substances in another country, not involving a chemical reaction and without additional processing, does not result in a product of such other country. There is no substantial transformation of the starting materials. |
| Ruling Date: Nov. 4, 2022 |
N328803: The tariff classification of an electromagnetic clutch assembly from China
| HTS: 8505.20.0000, 9903.88.01, 3.1% + 25%, “Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof: Electromagnetic couplings, clutches and brakes.” |
| Item: An electromagnetic clutch assembly designed for commercial and residential lawnmowers. The main components of the assembly include an outer shell, electromagnetic coil, friction ring, clutch spring, steel core, pulley, keyway, braking pads, and bearings. The assembly is connected to the engine shaft of a lawnmower and transfers power through the pulley to a belt that drives the mower deck spindle and cutting blades. To actuate the clutch, an electrical current is transmitted to the electromagnetic coil, causing the clutch components to engage the pulley and spin together as a single unit. |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |
N328835: The tariff classification of Air Purifiers from China
| HTS: 8421.39.0115, 9903.88.01, free + 25%, “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for gases: Other: Dust collection and air purification equipment: Other.” |
| Items: (1) An air purifier with a three-stage high efficiency particulate air filter and a hypochlorous acid generator assembly used to purify the air. The main body of the unit has two chambers. The three-stage HEPA filter is in the bottom chamber and the HOCL generator assembly is in the upper chamber. A control panel is located on the top of the unit’s main body. The device has a sensor with an air quality light indicator that will emit blue for good quality air, yellow for moderate quality air, and red for poor quality air. (2) An air purifying that operates very similarly to item (1). This item does not include the HEPA filter. (3) An air purifier and humidifier. This device is substantially similar to (2) and incorporates a humidifier that adds moisture to the room. |
| Reason: (3) Is a composite article with both the ability to purify air as well as the ability to add humidity to the room. After considering all of the GRI3(b) factors, we have concluded that GRI 3(b) applies based upon the importance of the air purification function. |
| Ruling Date: Nov. 4, 2022 |
N328882: The tariff classification of a canopy sampling tool from Canada
| HTS: 8479.89.9599, 2.5%, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other” |
| Item: The DeLeaves Canopy Sampling Tool, designed to be installed under various commercial Unmanned Aerial Vehicle platforms. The tool collects foliar samples from the tops of trees using a fully automated cutting sequence. The subject item is not sold with or imported with a UAV. The intended users of this tool are university and government researchers as well as forest companies. They will use the samples to monitor and adjust fertilization in plantations, to collect genetic material, to monitor climate change, or to calibrate models of multispectral imagery. |
| Reason: The Canopy Sampling Tool is not similar to the products listed in the tariff as being classifiable as “Electromechanical appliances with self-contained electric motor.” |
| Ruling Date: Nov. 4, 2022 |
N328905: The tariff classification of a cat tunnel from China
| HTS: 6307.90.7500, 4.3%, “Other made-up articles, including dress patterns: Other: Toys for pets, of textile materials.” |
| Item: A pop-up textile tunnel intended for use by cats. The tunnel is composed of two fabrics. The outer fabric is composed of a 100 percent polyester knit printed fabric. The inner fabric is composed of a 100 percent polyester woven, dyed white fabric. The two fabrics are sewn over a collapsible spiral steel wire frame to form a cylinder-shaped tunnel with open ends. A 100 percent polyester woven binding is sewn around the openings. |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |
N328916: The eligibility of a snowblower under the United States-Mexico-Canada Agreement
| USMCA Eligibility: eligible |
| Item: A two-stage, self-propelled gas snowblower,. Among the features are a seven-horsepower gasoline engine, push-button electric start, and headlights. The snowblower is assembled in Mexico using parts sourced from China and Mexico. |
| Reason: Since all the Chinese-origin parts are classified outside of subheadings 8428.10 through 8430.69, HTSUS, the requisite tariff shift rule is met. |
| Ruling Date: Nov. 4, 2022 |
N328982: The tariff classification of a floral decoration from China
| HTS: 6702.90.3500, 9%, "Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of other materials: other: of man-made fibers.” |
| Item: A bouquet of artificial flowers and foliage that is intended to be used to decorate the home. The foliage and flower stems are made from plastic, with the polyester flower petals glued to a plastic base and snapped onto the top of the flower stem. All of the foliage and stems are glued to a foam plastic base that is itself glued to a cement base. |
| Reason: The plastic holds the higher value and weight, and the polyester flower petals also merit equal consideration due to their high visual appeal. The product is appropriately classified utilizing GRI 3(c), with the petals of man-made fibers coming last in tariff in comparison to the plastic components. |
| Ruling Date: Nov. 4, 2022 |
N329008: The tariff classification of an owl-shaped decorative pillow made in China
| HTS: 9404.90.2000, 9903.88.15, 6% 7.5%, “Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: Other: Pillows, cushions and similar furnishings: Other.” |
| Item: An owl-shaped decorative pillow consisting of a 100% polyester outer shell with a 100% polyester filling. The shell is printed with the image of an owl in orange and black with large yellow eyes and a blue beak. The item is minimally contoured with the widest portion of the body being only a little wider than the base and the head. There are no protruding appendages other than the ears. The item weighs approximately 2 lbs. and is made in China. The pillow is marketed and sold during the Halloween season, is purely decorative and is not intended to be used as a traditional pillow that you lay your head on or prop yourself up with. |
| Reason: The term “pillow” is not defined in the HTSUS or the Explanatory Notes. There is nothing in the Legal Notes to Chapter 94 or in the terms of heading 9404, or in the ENs to Chapter 94 restricting throw pillows to standard sizes in contrast to pillows used for sleeping or resting one’s head. |
| Ruling Date: Nov. 4, 2022 |
N329013: The tariff classification of a children’s game from China
| HTS: 9504.90.6000, free, "Articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games…parts and accessories thereof: other: chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts thereof; mah-jong and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice." |
| Item: An interactive game for 2-4 players composed of 10 different components including: 7 monkey flingers, 4 monkey climbers, 4 climbing clips, 5 banana bunches, 1 container of monkey dough, 12 banana tokens, 4 green string vines, 1 spinner board, 1 spinner arrow and peg, 1 tree gameboard and an assembly sheet. The objective of the game is to collect banana tokens, trade them in, and race to the top of the tree gameboard. |
| Reason: N/A |
| Ruling Date: Nov. 4, 2022 |
N329033: The country of origin of hammers
| Country of Origin: Vietnam |
| Item: Hammers with steel heads. They include slightly different hammer head shapes, handle types and vary in weight. Raw Chinese-origin carbon steel is cut, forged, and sandblasted into the final shape and size of the hammer heads in Vietnam. A hole for the handle is machined into each of the heads, as is the final driving head. The steel hammer heads are then sent to China where they are heat-treated, polished, cleaned and coated with antirust oil. Finally, the hammer heads are assembled with Chinese-origin handles and packed for export to the U.S. |
| Reason: The forging of the hammer heads that imparts the essence of finished hammers. |
| Ruling Date: Nov. 4, 2022 |