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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:

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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.

N340311: The tariff classification of an adjustable textile drink holder belt from China

HTS: 6307.90.9891, 9903.88.15, 7% + 7.5%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.”
Item: A “St Patrick's drink holder belt,” comprising an adjustable textile belt and six open top, removable beverage holders. This is intended to provide convenient, hands-free access to six cans of beer or other beverages. The belt is constructed of a 100% polyester woven, dyed lime green, webbed strap. Each end of the strap is threaded through a quick-release plastic buckle, folded over, and the two layers are sewn together to secure the buckle. The adjustable belt measures 34 to 56 inches in length by 2 inches in width. Each of the round-shaped holders are composed of three layers: a single layer of neoprene rubber sandwiched between two layers of 100% polyester knitted, dyed, fabric. Each holder features a digitally printed St. Patrick clover on the front, a white 100% polyester knitted binding, and a webbed loop sewn to the back allowing the holder to be threaded onto the belt. The removable holders come in pairs of white, dark green, and lime green. The belt is designed to be worn over clothing.
Reason: N/A
Ruling Date: May 31, 2024

N340180: The tariff classification of a stainless steel milk jug from China

HTS: 7323.93.0080, 2%, “Table, kitchen or other household articles and parts thereof, of iron or steel; Other: Of stainless steel. Other.”
Item: A temperature-control milk jug. The item is a cylindrical-shaped vessel that holds milk. The jug is stainless steel and contains a spout and handle. A plastic thermometer indicator strip is located on the exterior front surface of the vessel. The milk jug is used to foam and pour milk into coffee, allowing the user to read the temperature of the steamed milk easily.
Reason: N/A
Ruling Date: May 31, 2024

N340134: The tariff classification of infant socks from China

HTS: 6111.20.6050, 9903.88.15, 8.1% + 7.5%, “Babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other, other: babies’ socks and booties.”
Item: Blue Q infant socks. Each knitted socks will measure 5.25 inches long and 2.725 inches wide, bundled two pairs with a paperboard header and packed in units of six per kraft paper bag. The Blue Q infant socks will feature different prints and colors and fitted for infants aged 0-12 months.
Reason: N/A
Ruling Date: May 31, 2024

N340105: The tariff classification of a drive controller from China

HTS: 8504.40.4000, 9903.88.01, free + 25%, “Static converters: Speed drive controllers for electric motors.
Item: A printed circuit board assembly (PCBA) that is incorporated into an advanced radiotherapy machine. The Drive PCBA consists of numerous electronic components, such as capacitors, resistors, relays, diodes, and integrated circuits, and supplies electric motors with the necessary variable voltage and current to function.
Reason: N/A
Ruling Date: May 31, 2024

N340103: The tariff classification of the Dialpad and Keypad from China

HTS: (1), (2), (3) 8471.60.9050, 9903.88.03, free + 25%, “Automatic data processing machines and units thereof … Input or output units, whether or not containing storage units in the same housing: Other: Other: Other.”
Item: The Logi MX Creative Console set, which is described as a retail set containing two input devices for use with automatic data processing (ADP) machines. Based on the samples provided, the retail packaging contains the MX Dialpad, the MX Keypad, a plastic cradle for the Keypad, and a USB-C cable. A tariff classification for the (1) Logi MX Creative Console as a set, and also separate classifications for the (2) MX Dialpad and the (3) MX Keypad.
Reason: The articles that provide the essential character of the Logi MX Creative Console set are the MX Keypad and MX Dialpad, which are both classified within the same tariff subheading.
Ruling Date: May 31, 2024

N340056: The tariff classification of seat components from China

HTS: (1), (2) 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: (1) The “ST60032 Stanchion Joggle Saddle Overclamp MK2 Pressing,” is constructed of mild steel, and (2) the “ST60037 Stanchion Overclamp2 Casting,” is constructed of cast iron. The seating components are used in assembling seat stanchions. No plastic or rubber components are included. 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: The items are incomplete dedicated parts of seats and are not more specifically provided for elsewhere in the tariff schedule.
Ruling Date: May 31, 2024

N339984: The country of origin of gas grills

Country of Origin: Malaysia
Item: (1) Two-burner gas grills with steel lids, (2) Three-burner gas grills with porcelain lids, (3) Four-burner gas grills with steel lids and the option of having different outer materials (black powder coating vs. stainless steel) for the lid end caps, (4) Five-burner gas grills steel lids and black powder-coated lid end caps, and (5) Six-burner gas grills with porcelain lids in a variety of colors. The grills are functionally the same with the only difference between the product categories being the number of burners. All models will be manufactured by almost identical operations/processes at a factory in Malaysia.
Reason: The production of these key components from the Chinese sheet steel would constitute a substantial transformation in Malaysia then they are manufactured into subassemblies, which are ultimately assembled into the subject grills.
Date: May 31, 2024

N339952: The tariff classification of disposable aluminum ware from China

HTS: 7615.10.7125, 3.1%,“Table, kitchen or other household articles and parts thereof, of aluminum…: table, kitchen or other household articles and parts thereof…other: cooking and kitchen ware: not enameled or glazed and not containing nonstick interior finishes: other…containers suitable for food preparation, baking, reheating or storage, 0.04 mm or more but not over 0.22 mm in thickness.”
Item: The disposable aluminum ware is made of 100% aluminum foil. The aluminum containers are empty. The items will be marketed and sold for household use and to food service establishments. The disposable aluminum ware is oven and freezer-safe and will be used for baking, serving, or storing food. The first item is referred to as round foil pans with lids. The aluminum pans contain either round plastic lids or round paper lids. The item will be sold in a quantity of 40 packs of tins. The second item is referred to as square foil cake pans. The square foil cake pans do not contain lids. The item will be sold in a quantity of 33 packs of tins.
Reason: N/A
Ruling Date: May 31, 2024

N339944: The country of origin of the brake slack adjuster

Country of Origin: Vietnam
Item: A brake slack adjuster for use in heavy-duty commercial vehicle brakes. The slack adjuster is used to compensate for the brake lining and drum wear as well as to maintain a constant actuator stroke. When the brakes are applied, the rod pushes out on the slack adjuster, which then turns the S-cam to force the brake shoes apart to apply the friction necessary to slow the vehicle. The piston, worm, actuator sleeve, and other hardware components are sourced from China. They are then imported to Vietnam where they are assembled together with the Vietnamese worm gear into the Vietnamese slack adjuster housing.
Reason: The processes are not exceedingly complex, the Vietnamese housing, which is specifically shaped to house all components, and the worm gear, also known as a worm wheel, define the character of the brake slack adjuster. Furthermore, the value of the Vietnamese components and manufacturing processes amounts to over 60% of the total cost of the slack adjuster.
Ruling Date: May 31, 2024

N339951: The classification of pocket coil mattress cores from Mexico

HTS: (1), (2), (3), (4), (5), (9) 9404.29.9050, 6%, “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: Mattresses: Of other materials: Other: Uncovered innerspring units: Other.” (6), (7), (8) 9404.29.9013, 6%, “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: Mattresses: Of other materials: Other: Uncovered innerspring units: Of a width exceeding 91 cm, of a length exceeding 184 cm, and of a depth exceeding 8 cm.”
Item: The subject articles are identified as pocket coil mattress springs. They will be made from steel wire with diameters ranging from 1.6 mm to 2.3 mm, sealed in individual non-woven fabric pockets, glued together to form rectangular mattress cores and covered, top and bottom, with a non-woven fabric. They are made in Mexico and will be produced in the following 10 sizes. The item numbers are different sizes.
Reason: N/A
Ruling Date: June 4, 2024