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.
N340218: The tariff classification of novelty Halloween glasses 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: Halloween Glasses, which consists of a half-mask comprised of plastic glasses, without lenses, that spell out the word 'BOO!'. A nonwoven polyester ghost and bat adorn the glasses. They are large and non-functional. Although the ruling requester argued that these could be correctly classified as a toy in 9503.00.0073, they are clearly designed for use as a child’s half mask for Halloween. The item will be marketed and sold exclusively for Halloween attached to a cardboard header card with spiderweb designs. |
| Reason: N/A |
| Ruling Date: May 28, 2024 |
N340119: The tariff classification of a toy claw machine from China
| HTS: 9503.00.0090, free, “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…Other.” |
| Item: A small-scale, battery-operated plastic toy representation of a real claw machine. Printed on the front are the phrases, “Candy Grabber” and “Give Children the Best Gift.” The rectangular transparent container can be filled with candy, or small objects, by removing the red ‘roof’ of the claw machine. The claw/grabber is manipulated with 3 levers situated on the front of the machine; one lever moves the claw horizontally, front to back, the next lever moves it left to right and the third moves it up and down, in addition to opening the claw to grab candy. If the claw operator is successful at grabbing a treat and dropping it through the hatch, the item will come out through the square opening next to the levers. The machine is activated with the provided tokens and plays music when the claw is in use. Batteries and treats are not included with the product. |
| Reason: Due to the construction, size and limited function of the claw machine, it will be classified as a toy. The “Toy Claw Machine” is intended as a nostalgic gadget toy for the amusement of adults. |
| Ruling Date: May 28, 2024 |
N339832: The tariff classification of Frozen Cooked Butterfly Shrimp from Vietnam
| HTS: 1605.29.1010, free, “Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Other: … Frozen, imported in accordance with statistical note 1 to chapter 16.” |
| Item: Frozen Cooked Butterfly Shrimp. The product consists of shrimps (Litopenaeus vannamei) that are washed, soaked in salt water, skewered, steamed, cooled, de-skewered, peeled, cut, washed with salt water, frozen, and vacuum packed in airtight containers. The frozen shrimp which will be imported for sale to the food service industry will be packed in individual bags containing 250 grams, with each outer carton containing 40 individual bags with a net weight of 10 kg. |
| Reason: N/A |
| Ruling Date: May 28, 2024 |
N340213: The tariff classification of a Digital Hologram Clock and an Analog Hologram Clock from China
| HTS: (1) 9105.11.40, 3.9% on the movement + 5.3% on the battery, "Other clocks: alarm clocks: electrically operated: with opto-electronic display only." (2) 9105.91.40, 3.9% on the movement + 5.3% on the battery, "Other clocks: other: electrically operated: with opto-electronic display only." |
| Item: (1) A Digital Hologram Clock and (2) an Analog Hologram Clock. The Digital Hologram Clock is an electrically powered clock that is designed to tell the time. The clock case is made of acrylic. There is a digital alarm clock on the top of the device that tells the time with large digital letters. Beneath the digital clock is a clear acrylic compartment that contains a hologram fan. The hologram fan is a fan blade with a light emitting diode (LED) strip on the blade. As the fan spins, the LEDs produce images that appear to hover in mid-air, and the user can select what images to display using our app. The device has a single USB-C port in the back, powered via cord and wall plug (no internal batteries). |
| Reason: N/A |
| Ruling Date: May 29, 2024 |
N340179: The tariff classification of air quality monitors from Italy
| HTS: (1), (2) 9027.10.2000, free, “Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Gas or smoke analysis apparatus: Electrical.” |
| Item: (1) The Radoff Now air quality monitor, which is an indoor device used to measure atmospheric air temperature, humidity, pressure, fine particles, carbon dioxide, and volatile organic compounds, using an electric power source. The key measuring technologies are optical sensors with laser detection, non-dispersive infrared sensors, and metal oxide gas sensors. Measured data is wirelessly sent to a smartphone where the readings are displayed. (2) The Radoff Sense air quality monitor, which is an indoor device used to measure atmospheric air temperature, humidity, pressure, fine particles, carbon dioxide, volatile organic compounds, and radon gas, using an electric power source. Key measuring technologies are optical sensors with laser detection, non-dispersive infrared sensors, metal oxide gas sensors, and an active measuring chamber for radon. Measured data is wirelessly sent to a smartphone where the readings are displayed. It is made of ABS plastic and has anti-vibration rubber feet. |
| Reason: The principal function of the Radoff Now and Radoff Sense is to provide gas analysis information to the user. |
| Ruling Date: May 29, 2024 |
N340176: The tariff classification of a steering wheel sensor from Spain
| HTS: 8543.70.9860, 2.6%, “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” |
| Item: The Hands-Off Detection (HOD), which is described as a capacitive sensing system for use within a vehicle. The subject device is comprised of a printed circuit board (PCB) populated with various electronics including integrated circuits, resistors, capacitors, and connectors. This PCB is encased within a plastic enclosure. The completed device is placed within the steering wheel of a vehicle. |
| Reason: N/A |
| Ruling Date: May 29, 2024 |
N340156: The classification of slatwall store panels from China
| HTS: 9403.91.0080, 9903.88.03, free + 25%, “Other furniture and parts thereof: Parts: Of wood: Other.” |
| Item: Four slatwall panels identified with part numbers 01103-I, 01104-I, 01123-I, and 01124-I. Slatwall panels are used in a retail environment to display merchandise. They can be wall mounted or used in 4-way displays or other store merchandising fixtures. These 4’ x 8’ slatwall panels are made of a 3/4" medium density fiber (MDF) substrate with a low pressure laminate (LPL) decorative paper face. Each slatwall has 15 equally spaced horizontal grooves from which shelves, pegs, hooks, signage, etc. can be hung. The grooves are spaced at 3" OC (on center). In order to support heavier shelves and other articles, slatwall panels 01123-I and 01124-I (which indicate “grooved for inserts” in their product description, below) are designed to accept aluminum profile shape inserts, although such inserts are not included with the slatwall panels in their imported condition. The slatwall panels are made in China. |
| Reason: N/A |
| Date: May 29, 2024 |
N339989: The tariff classification of seat components from China
| HTS: (1), (2), (3), (4), (5) 9401.99.9081, 9903.88.03, free + 25%, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Parts: Other: Other: Other.” |
| Item: Item 1, the “ST6370 Stanchion Thread Overclamp2,” item 2, the “ST6373 Stanchion Thread Overclamp2,” item 3, the “ST6388 Stanchion Riser Overclamp2,” item 4, the “ST6389 Stanchion Riser Overclamp2,” and item 5, the “ST6391 Stanchion Riser Overclamp2” are powder coated steel metal seat clamping mechanisms. No plastic or rubber components are included. Further, the documentation provided identifies items 1 and 2 will be affixed to floor/ground seat stanchions and items 3, 4, and 5 will be affixed to vertical base/wall surface mounted seat stanchions. After U.S. importation, the seating components will be joined with other parts of seats (metal rails, plastic frame seat foundations and backrests) and will then be permanently installed and located in arenas, auditoriums, or stadiums. |
| Reason: Items 1 thru 5 are incomplete dedicated parts of seats and are not more specifically provided for elsewhere in the tariff schedule. |
| Ruling Date: May 29, 2024 |
N339983: The country of origin of gas grills
| Country of Origin: (1) China (2) Malaysia |
| Item: The grills at issue are identified as the 2-burner grill and two 3-burner grills. All three models will be manufactured by almost identical operations/processes at a factory in Malaysia. There are two manufacturing process scenarios, in which the factory in Malaysia assembles the components of both Chinese origin and Malaysian origin to manufacture the gas grills, including the production of certain key sub-assemblies and the final assembly process occurred in Malaysia. |
| Reason: N/A |
| Ruling Date: May 29, 2024 |
N339853: The tariff classification of footwear from China
| HTS: 6404.19.9060, 9903.88.15, 9% + 7.5%, “footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: other: other: valued over $12.00/pair: for women.” |
| Item: A below-the-ankle, lace-up, casual shoe. It has an external surface area comprised of textile and rubber or plastics surrounding the rear of the foot and a U-shaped eye stay. The constituent material of the upper is textile. It has a molded rubber/plastic outer sole and no foxing-like band. The value provided is $17 per pair. |
| Reason: N/A |
| Ruling Date: May 29, 2024 |