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:
N338718: The tariff classification of Enalapril Maleate Solution in dosage form, from India
| 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: Enalapril Maleate Solution is an angiotensin converting enzyme inhibitor. It is indicated for the treatment of hypertension, to lower blood pressure in adults and children older than one month. It is also indicated for the treatment of symptomatic heart failure and asymptomatic left ventricular dysfunction. |
| Reason: N/A |
| Ruling Date: March 28, 2024 |
N338606: The tariff classification of a hydronic air-to-water heat pump from China
| HTS: 8418.61.0100, 9903.88.03, free + 25%, "Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than the air conditioning machines of heading 8415; parts thereof: Heat pumps other than air conditioning machines of heading 8415." |
| Item: An outdoor unit (ODU) for the Vitocal 100-AWAM2V. The ODU, which is referred to as a hydronic air-to-water heat pump, consists of a chassis that primarily consists of a compressor, a heat exchange unit, etc. The ODU is a component intended to be used in the consumer boiler system (CBS) using medium hydronic lines. Once imported, the ODU is combined with an indoor unit in the United States and sold together as a finished product. The CBS is a system that heats domestic water and also heats and cools a building. |
| Reason: The outdoor unit is not a component of a central heating boiler, but a component of an air-to-water heat pump system that is designed to both heat water and heat and cool a space. As such, the outdoor unit cannot be classified as a part of a central heating boiler. |
| Ruling Date: March 28, 2024 |
N332513: The tariff classification of polyester staple fibers from Nigeria
| HTS: (1), (2) 5503.20.0045, 4.3%, “Synthetic staple fibers, not carded, combed, or otherwise processed for spinning: Of polyesters: Other: Measuring 3.3 decitex or more but less than 13.2 decitex.” (3), (4), (5) 5503.20.0065, 4.3%, “Synthetic staple fibers, not carded, combed, or otherwise processed for spinning: Of polyesters: Other: Measuring 13.2 decitex or more.” |
| Item: Staple fibers composed of 100% polyester. The fibers are packaged in bales and shipped to the United States. The fibers are intended to produce wadding for furniture and mattresses. (1) Hollow Conjugated Siliconized 7D X 32MM HCS is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 35 mm and a decitex of 11.5. (2) Hollow Conjugated Siliconized 7D x 51MM HCS is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 51.5 mm and a decitex of 10.5. (3) Hollow Conjugated Siliconized 7D X 64MM HCS is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 65 mm and a decitex of 20.5. (4) Hollow Conjugated 15D x 51MM HC is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 54.5 millimeters (mm) and a decitex of 18.8. (5) Hollow Conjugated 15D x 64MM HC is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 69.5 mm and a decitex of 21. |
| Reason: N/A |
| Ruling Date: March 28, 2024 |
N338908: The tariff classification of semiprecious stones from China
| HTS: 7103.99.5000, 9903.88.15, 10.5% + 7.5%, “Precious stones (other than diamonds) and semiprecious stones, whether or not worked or graded but not strung, mounted or set…: Otherwise worked: Other: Other.” |
| Item: The National Geographic Gemstone Advent Calendar. The stones are used by collectors, in crafts, in handmade jewelry, and as home decor. The semiprecious stone set contains 24 assorted semiprecious stones: Hematite, Blue Calcite (rough), Obsidian, Blue Quartz, Jasper, Green Fluorite (rough), Pyrite (rough), Gray Agate, Chevron Amethyst, Calcite, Red Agate, Jade, Unakite, Jasper, Black Obsidian, Tiger's Eye (Quartz), Sodalite, Green Aventurine, and Rose Quartz. |
| Reason: The essential character of the stone set is imparted by the polished semiprecious gemstones. |
| Ruling Date: March 29, 2024 |
N338807: The tariff classification of a plastic planter from China
| HTS: 3924.90.5650, 9903.88.15, 3.4% + 7.5%,“Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other: Other…Other.” |
| Item: The Plant Petz Robotic Planter. This item is a plastic planter that will hold live or artificial flowers. The planter features electronic circuitry to enable the plant and planter to move, stream music, monitor the plant’s moisture, and record and play a personalized message. The plastic planters are available in five colors, white, red, violet, yellow and beige. |
| Reason: The plastic planter provides this item with the essential character within the meaning of GRI 3(b). |
| Ruling Date: March 29, 2024 |
N338764: The tariff classification of Dabigatran Etexilate Mesylate Capsules in dosage form, from India
| 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: Dabigatran Etexilate Mesylate is an oral anticoagulant in a class of medications called direct thrombin inhibitors. It is indicated to reduce the risk of stroke and systemic embolism in patients with non-valvular atrial fibrillation. |
| Reason: N/A |
| Ruling Date: March 29, 2024 |
N338629: The tariff classification of women’s garments from China
| HTS: (1), (2), (3) 6211.43.1078, 9903.88.15, 16% + 7.5%, "Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Other: Jackets and jacket-type garments excluded from heading 6202." (4), (5) 6211.49.5080, 9903.88.15, 1.2% + 7.5%, "Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of other textile materials: Other: Containing 70 percent or more by weight of silk or silk waste: Jackets and jacket-type garments excluded from heading 6202." |
| Item: (1) A women’s upper body garment constructed from 100% rayon woven fabric. The garment features 3/4 length sleeves and a full front opening with a self-fabric tie below the chest. The garment extends from the shoulders to the mid-calf area. (2) A woman’s upper body garment constructed from 82% rayon and 18% silk woven fabric. The garment features long sleeves with elasticized cuffs and a full front opening with a single button closure below the chest. The garment extends from the shoulders to the hip area. (3) A woman’s upper body garment constructed from 65% cuprammonium rayon and 35% rayon woven fabric. The garment features 3/4 length sleeves, side seam pockets, and an unsecured full front opening. The garment extends from the shoulders to the mid-thigh area. (4) A woman’s upper body garment constructed from 100% silk woven fabric. The garment features 3/4 length sleeves and a full front opening with a single button closure at the waist. The garment extends from the shoulders to the knee area. (5) A woman’s upper body garment constructed from 100% silk woven fabric. The garment features long sleeves, side seam pockets at the waist, and a full front opening with a single button closure below the chest. The garment extends from the shoulders to the ankle area. |
| Reason: N/A |
| Ruling Date: March 29, 2024 |
N338979: The tariff classification of a clip-on whoopee cushion from China
| HTS: 9505.90.2000, free, "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Magic tricks and practical joke articles; parts and accessories thereof." |
| Item: The Flarp Whoopee Clip-on is an approximately 4” diameter self-inflating whoopee cushion which includes a plastic carry clip attached to the cushion by a few links of metal chain. Whoopee cushions are practical joke articles that produce a noise resembling human flatulence when sat upon. This item is intended for use strictly as a practical joke article, which causes humor by placing an individual at a disadvantage through a trick or a prank. The plastic carry clip is intended to make the item portable and can be clipped onto belts, backpacks, etc. |
| Reason: N/A |
| Date: April 1, 2024 |
N339113: The tariff classification of polyethylene pet waste bags from China
| HTS: 3923.21.0095, 9903.88.03, 3% + 25%, “articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: other: other.” |
| Item: The pet waste bags are composed of recycled polyethylene and incorporate handles. The bags measure 13 inches in height, including the tie handles, 9 inches in width, and 0.7 mils in thickness. The bags are packaged 150 bags to a retail box that indicates their use for pet waste pick-up and disposal. |
| Reason: N/A |
| Ruling Date: April 2, 2024 |
N339103: The tariff classification of the “Arcade Alley Laser Bowlercade” from China
| HTS: 9504.90.9080, 9903.88.15, free + 7.5%, “Video game consoles and machines, articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: Other: Other: Other: Other.” |
| Item: A free-standing, reduced-scale, electronic bowling game that measures approximately 82” (L) x 26” (W) x 18.5” (H) and weighs approximately 42 lbs. The game features electronic scoring, 6 pins that automatically reset, an automatic ball return, and electronic arcade-like sound effects. The “Bowlercade” game includes 2 bowling balls, 9 pins, a bowling alley, and can be played in either single or double player mode. It runs on 6 “C” Alkaline batteries that are not included. |
| Reason: N/A |
| Ruling Date: April 2, 2024 |