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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N341069: The tariff classification of a food pan and a beverage server dispenser from China
| HTS: 3924.10.4000, 9903.01.24; 9903.01.25, 3.4% + 20% + 10%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” |
| Item: The items are a food pan and a beverage server dispenser. The food pan is a double-walled, insulated polypropylene food storage container. It is designed to maintain either hot or cold food temperatures for an extended period without external heat sources. The plastic food storage container is to be placed on a countertop or table in the home. The beverage server dispenser is a double-walled, insulated polypropylene receptacle. It is designed to store and dispense hot and cold beverages for an extended period without external heat sources. The plastic beverage server dispenser is to be placed on a countertop or table in the home. |
| Reason: N/A |
| Ruling Date: July 16, 2025 |
N350291: The eligibility under the Nairobi Protocol of a toilet lift assist from China
| Nairobi Eligibility: Yes |
| Item: SedMed Toilet Lift Assist is described as a durable medical equipment (DME) and an FDA class I medical device. It is a non-electric, hydraulic-powdered toileting aid consisting of a steel frame, two handlebars, a release lever, an automatic locking and release mechanism, and a hydraulic gas spring with five adjustable resistance settings ranging from 75 to 275 pounds. It is said to aid individuals who are unable to use a standard toilet independently due to handicaps such as severe arthritis, multiple sclerosis, muscular dystrophy, stroke recovery, or reduced lower-body strength. The width of the seat and handlebars is 25 inches. The release handle is 4 inches, and the front overhang is 2 inches. This product adds 2.5 inches to the toilet's height, making it compliant with the Americans with Disabilities Act (ADA) guidelines for accessible toilet seat height (17-19 inches). |
| Reason: N/A |
| Ruling Date: July 16, 2025 |
N350312: The tariff classification of Haloperidol Decanoate Injection in dosage form, from Italy
| HTS: 3004.90.9239, 9903.01.32, 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: Medicaments primarily affecting the central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents: Other.” |
| Item: Haloperidol Decanoate Injection, imported in dosages of 50 mg and 100 mg vials, is an antipsychotic drug. It is indicated for the treatment of patients with schizophrenia who require prolonged parenteral antipsychotic therapy. |
| Reason: N/A |
| Ruling Date: July 16, 2025 |
N350373: The tariff classification of a furniture component from China
| HTS: 9403.99.9045, 9903.01.24; 9903.01.25; 9903.88.03, free + 20% + 10% + 25%, “Other furniture and parts thereof: Parts: Other: Other: Other: Other: Of metal: Other.” |
| Item: The “Cable Wire Manager” is a rectangular steel tube furniture component with welded seams that will be integrated into a height adjustable desk. Located at the base of the rectangular tube are pilot holes so the unit can be mounted onto the structural frame of the desk. The furniture component will organize, secure, and hide cables as the desk moves up or down. |
| Reason: N/A |
| Ruling Date: July 16, 2025 |
N350392: The eligibility under the Nairobi Protocol of osteoarthritis knee braces from China
| Nairobi Eligibility: Yes |
| Item: The products under consideration are four Coretech osteoarthritis (“OA”) knee braces. These braces are designed primarily for people with osteoarthritis (a chronic degenerative disability with no known cure) but also support chronic conditions like rheumatoid arthritis. Vive Health developed its Coretech product line to serve only licensed healthcare practitioners and businesses. Coretech sells high-quality orthopedic bracing exclusively to licensed medical professionals treating patients with chronic musculoskeletal (MSK) conditions. These professionals support patients with chronic MSK conditions like degenerative disc disease, osteoarthritis, or scoliosis. Coretech items are sold only in licensed Durable Medical Equipment (DME) stores or through a medical professional. Coretech products are not sold directly to patients, but only to licensed healthcare practitioners and businesses. Online purchases are limited to licensed healthcare practitioners and businesses, who must establish an account and login to the Vive Health Business Portal. This requirement exists in part because the items must be customized by a trained fitting professional for each patient. |
| Reason: The four Coretech OA knee braces satisfy the five factors set out by CBP. As a result, they are eligible for duty-free treatment under subheading 9817.00.96. |
| Ruling Date: July 16, 2025 |
N350436: The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of a sauce/marinade starter
| HTS: 2106.90.9998, 9903.01.04; 9903.01.27, 6.4%, “food preparations not elsewhere specified or included . . . other . . . other . . . other.” |
| USMCA Eligibility: Yes |
| Item: The subject merchandise, “Garlic and Ginger Mix,” is described as a sauce/marinade starter for restaurants. The product is said to be composed of premix water (Canada), 26% diced IQF ginger (China), 14% minced garlic (China), water celtrade (Canada), guar gum (India) and phosphoric acid (China). The sauce/marinade starter is imported in a fluid form and refrigerated condition in 2-pound clear pouches. The product is intended for sale to food service establishments such as restaurants for further cooking, mixing with other ingredients and application to menu items. The product is said to be prepared in Canada by mincing, dicing and blending IQF ginger and garlic imported from China with phosphoric acid to a pH of less than 4.0. The finished product is stored in a refrigerated condition and packed within hermetically sealed pouches. |
| Reason: The sauce/marinade starter contains the following non-originating ingredients that need to undergo the tariff shift: ginger (China), garlic (China), guar gum (India) and phosphoric acid (China). Since the non-originating ingredients in the product are all classified in a Chapter other than Chapter 21, the tariff shift rule is met. Therefore, the sauce/marinade starter is an eligible good for preferential tariff treatment under the USMCA. |
| Ruling Date: July 16, 2025 |
N350482: The tariff classification of steel retail display channels from China
| HTS: 8302.42.3065, 9903.01.24; 9903.01.25, 3.9% + 20% + 10%, “Base metal mountings, fittings and similar articles… Other mountings, fittings and similar articles, and parts thereof: Other, suitable for furniture: Of iron or steel, of aluminum or of zinc; Other.” |
| Item: Steel retail store display channels displaying pre-printed cards with a picture or live sample (door hinges, mending plates, etc.). The steel channels will be fastened to the front of product shelves in a hardware store to display an example of the product for sale in that bin. The product’s back bracket attaches the channel to the shelf using self-tapping screws. The channels are made of powder coated cold rolled sheet steel and will be imported with cards with either a picture or a single sample of the live product permanently attached to the printed card. Some of the product has been cut down to size to make attachment to the cards practical, but most are attached with screws or wire to the cards. Only one of each unique item is included. They are not intended for resale. The printed cards are not permanently attached to the metal channel. The metal channels remain attached to the shelf and can be reused to display updated information cards. |
| Reason: The steel display channel imparts the essential character of this product because it is permanently attached to the shelf and can be reused, it provides the structure of this store display, and it predominates by weight and value. Therefore, this set will be classified by the steel channel. |
| Ruling Date: July 16, 2025 |
N350508: The classification, country of origin, marking, and eligibility under the United States-Mexico-Canada Agreement (USMCA) of a surge protection device
| HTS: 8536.30.8000, free, “Electrical apparatus for switching or protecting electrical circuits…for a voltage not exceeding 1,000V: Other apparatus for protecting electrical circuits: Other.” |
| Origin: China |
| USMCA Eligibility: Yes |
| Item: The Thermally Protected Metal Oxide Varistor (TPMOV), a surge protection device used in voltage suppression. The subject device consists of a variable resistor, or varistor, element with electrical terminals and a thermal switch encased within a molded plastic enclosure. The subject device has a voltage rating of 150 VAC. In use, the TPMOV is placed within an electrical system, such as industrial automation, home electronics, energy conversion, etc., in order to protect the systems from an unexpected power surge. A surge in power will overheat the varistor causing the thermal switch to stop the flow of electricity. The assembly and manufacturing process for the subject device occur in Mexico. In Mexico, the U.S.-originating thermal switch is installed within the molded plastic base cover, which originates in Mexico. A Chinese-origin varistor is then placed within the base and electrical contacts of U.S. and Mexican origin are attached. The remainder of the molded case, originating in the U.S. and Mexico, is then assembled before the finished device is labelled and packaged for shipment to the U.S. The product and its packaging are both marked “Assy in Mexico,” because the assembly process occurs in Mexico. |
| Reason: The Chinese-origin varistor imparts the character of the finished article as it provides the essential electrical function. Further, the processes performed in Mexico are simple in nature and do not substantially transform the varistor into a new and different article of commerce. The country of origin for trade remedy purposes of the TPMOV will be China. The applicable tariff shift rule for merchandise classifiable under subheading 8536.30 states, in relevant part: "A change to any other good of subheading 8536.30 from any heading, except from tariff items 8538.90.10, 8538.90.30 or 8538.90.60." The only non-originating component is the varistor, which as noted above is classified under heading 8533. As such, the tariff shift rule noted above is satisfied. |
| Ruling Date: July 16, 2025 |
N350532: The tariff classification of rollators from China
| HTS: 9021.10.0090, 9817.00.96, free, “[o]rthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: [o]rthopedic or fracture appliances, and parts and accessories thereof: [o]ther.” |
| Item: Item 1 is a foldable outdoor rollator consisting of a carbon iron frame, a seat, a 105 degree wrap around backrest, a dual brake system, 8-inch TPR wheels, adjustable armrests, plastic connectors, and reflective storage bags. The maximum load capacity is 330 lb. Item 2, Lightweight Foldable Rollator Walker, is a foldable rollator consisting of a carbon iron frame, a bionic double arc backrest (PE backrest), a seat, five-level adjustable armrests, a dual brake system (slow brake + parking brake), TPR wheels, plastic connectors, and a reflective storage bag. The maximum load capacity is 380 lb. Item 3, Upright Foldable Rollator Walker, is a foldable rollator with a patented gel shock-absorbing flip armrest covered with anti-slip particles. It consists of a carbon aluminum frame, five-level adjustable armrests, a fabric backrest, a seat, a dual brake system, a fabric bag, 8-inch TPR wheels, and plastic connectors. The maximum load capacity is 300 lb. Item 4, Shift Combo 2 in 1 Rollator, is a foldable, 24 inch wide Transport Chair Walker that combines the features of an outdoor rollator and a wheelchair. It consists of an aluminum frame, a raised adjustable backrest which shifts the center of gravity backward to improve sitting safely, a seat, a dual brake system, 10-inch front wheels and 8-inch rear wheels, height-adjustable handles, a fabric bag, and plastic connectors. The maximum load capacity is 300 lb. Item 5, 2 in 1 Walker Wheelchair Combo, combines the features of a rollator and a wheelchair. It consists of an aluminum alloy oval tube frame, a two-way flip backrest that supports sitting and resting, a seat, 10-inch front wheels and 8-inch rear wheels, seven-level adjustable armrests, a dual brake system, plastic connectors, rotatable footrests, and a reflective storage bag. The maximum load capacity is 300 lb. |
| Reason: N/A |
| Ruling Date: July 16, 2025 |
N350574: The tariff classification of a bipod and three tripods from Canada
| HTS: 9620.00.6500, 9903.01.26, 2.9%, “Monopods, bipods, tripods and similar articles: Of iron or steel.” |
| Item: The items are tripods that are 3-foot, 5-foot, and 10-foot, respectively. These articles are all made of galvanized steel. |
| Reason: N/A |
| Ruling Date: July 16, 2025 |