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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N351167: The tariff classification of an enteral feeding tube, an enteral syringe, and an enteral extension set from China
| HTS: (Syringe) 9018.31.0080, 9903.01.24; 9903.01.25, 9903.91.03, free + 20% + 10% + 100%, “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: [s]yringes, with or without needles; parts and accessories thereof: [s]yringes, with or without needles: [o]ther.”(Feeding Tube) 9018.39.0040, 9903.01.24; 9903.01.25, free + 20% + 10%: “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: [o]ther: [b]ougies, catheters, drains and sondes, and parts and accessories thereof: [o]ther.” (Extension Set) 9018.90.8000, 9903.01.24; 9903.01.25, free + 20% + 10%, “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences … parts and accessories thereof: [o]ther instruments and appliances and parts and accessories thereof: [o]ther: [o]ther.” |
| Item: The NeoMed Enteral Feeding Tube is intended for use in neonatal and pediatric patients to provide nutrition via nasal and oral gastric placement and is not intended for use beyond 30 days. It consists of a soft, flexible tube and an ENFit-compatible connector. NeoMed Enteral Feeding Syringe is indicated for use as a dispenser, a measuring device, and a fluid transfer device. It is used to deliver fluids into the body orally or enterally. NeoMed Enteral Extension Set is indicated for use in neonatal and pediatric patients as an extension set for nasogastric or orogastric enteral feeding tubes and is available with ENFit and non-ENFit connectors. |
| Reason: Requiring enteral feeding in itself doesn't automatically mean a premature baby is physically handicapped. It often signifies temporary feeding difficulties due to prematurity or related conditions. The items are not specially designed or adapted for the handicapped and will not qualify for duty-free treatment under subheading 9817.00.96. |
| Ruling Date: Aug. 4, 2025 |
N351227: The eligibility under the Nairobi Protocol of an Extremit-Ease Compression Garment from China
| Nairobi Protocol Eligibility: Yes |
| Item: The Extremit-Ease Compression Garment is a circumferential gauntlet that provides 30-50 mmHg compression to help reduce mild to moderate swelling from lymphedema, chronic venous insufficiency, acute port-operative edema, and other swelling disorders. The device is used primarily for patients with chronic medical conditions versus acute post-operative conditions and is predominantly sold to physicians to dispense to their patients. |
| Reason: The Extremit-Ease Compression Garment is used primarily by patients suffering from chronic conditions such as lymphedema and chronic venous insufficiency. It therefore qualifies for duty-free treatment under subheading 9817.00.96. |
| Ruling Date: Aug. 4, 2025 |
N351241: The eligibility under the Nairobi Protocol of a blood pressure monitor
| Nairobi Protocol Eligibility: No |
| Item: The Candence blood pressure monitor is said to be specifically designed for the remote patient monitoring of individuals with hypertension and diabetes. The blood pressure monitor measures a patient’s systolic and diastolic blood pressure and heart rate. It is not commercially available to the general public and is preconfigured exclusively for use with the Cadence program. |
| Reason: The Cadence blood pressure monitor measures and transmits the patient’s systolic and diastolic pressure and heart rate for real-time physician monitoring. It is considered a diagnostic article precluded from U.S. Note 4(b) to Subchapter XVII of Chapter 98. |
| Ruling Date: Aug. 4, 2025 |
N351257: The tariff classification of stainless steel tubes from China
| HTS: 7306.40.1015, 9903.01.24; 9903.81.87; 9903.01.33: 9903.91.01, free + 20% + 50% + 25%, “other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel: other, welded, of circular cross section, of stainless steel: having a wall thickness of less than 1.65 mm: containing more than 0.5 percent by weight of nickel: other.” |
| Item: The products to be imported are Type 304 stainless steel tubes used in industrial electric heating assemblies. The tubes have a nickel content of 8.03%. |
| Reason: N/A |
| Ruling Date: Aug. 4, 2025 |
N351288: The tariff classification of a wheelchair lift and a transfer lift from the United Kingdom
| HTS: 8428.90.0390, 9903.01.25; 9817.00.96, free, “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery: Other.” |
| Item: The first item under consideration is referred to as the Autochair Smart Lifter and is described as an electrically powered stowage device for scooters, wheelchairs, and powerchairs. It is installed in the cargo area of a motor vehicle, such as a hatchback or sport utility vehicle. The second item under consideration is referred to as the Autochair Smart Transfer and is used to lift wheelchair users in and out of a motor vehicle seat. |
| Reason: N/A |
| Ruling Date: Aug. 4, 2025 |
N351341: The country of origin of an air inflator
| Origin: Vietnam |
| Item: The Lithium Air Inflator is described as a battery-operated device used to inflate tires, sports equipment, air mattresses and other inflatable items. The rectangular shaped inflator is portable and features a digital display, SOS technology, LED lights, a type C charging port, a power cord port and a Universal Serial Bus (USB) A output port. The final assembly of the inflator occurs in Vietnam using components from China and Vietnam. Prior to the final assembly, the plastic front and rear cases of the inflator are formed in Vietnam and the printed circuit board assembly (PCBA) is produced by soldering Chinese components onto a motherboard. |
| Reason: The components are assembled together in Vietnam to produce a motorized air cylinder and a PCBA, which are combined with other components, such as Vietnamese manufactured front and rear cases, to form an air inflator. The assembly processes that occur in Vietnam, taken as a whole, are sufficiently complex and meaningful as to result in a substantial transformation. |
| Ruling Date: Aug. 4, 2025 |
N351477: The country of origin of two poured candles from Vietnam
| Origin: Vietnam |
| Item: Two styles of candle made from paraffin wax, a cotton wick, a metal wick plate. In Vietnam: the paraffin and palm wax slabs are melted and combined with the fragrance, the cotton wick is glued to the wick plate, the wax is poured, the completed cotton wick is inserted, and finally, the dust cover and label are attached. |
| Reason: A substantial transformation occurs when the wax is poured into the container creating the candle. |
| Ruling Date: Aug. 4, 2025 |
N351599: The tariff classification of a metal container from South Korea
| HTS: 7310.29.0065, 9903.81.90; 9903.01.25, free + 50% + 10%, “Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Of a capacity of less than 50 liters: Other: Other: Other.” |
| Item: The “Tin-Plated Box” is a tin-plated steel sheet metal container with a removeable lift-off lid. The rectangle shaped container does not have internal compartments, is of a capacity not exceeding 300 liters, is not fitted with mechanical or thermal equipment, is not dedicated for use in the home, is of a size easily moved or handled, and will be imported empty. |
| Reason: N/A |
| Ruling Date: Aug. 4, 2025 |
N351659: The tariff classification of a plush toy and ceramic flower pot from China
| HTS: 9503.00.0073, 9903.01.24; 9903.01.25, free + 20% + 10%, “Tricycles, scooters, pedal cars, and similar wheeled toys… dolls, other toys… puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” |
| Item: The article under consideration is the “Plush in a Planter,” consisting of a plush toy in a functional ceramic planter. The full-bodied plush toy comes in two styles, a daisy flower with the words "you make my daisy" on the planter and a rose flower with the words "I love you bunches" on the planter. Each plush toy is made of 100% polyester and has a flower shaped head with embroidered facial features, a full body, arms and legs. |
| Reason: Neither the plush toy nor the ceramic planter imparts the essential character. |
| Ruling Date: Aug. 4, 2025 |
N351664: The eligibility of blood glucose test strips under the Nairobi Protocol from China
| Nairobi Eligibility: Yes |
| Item: EGS-2003 Blood Glucose Test Strips are designed for use with Blood Glucose Monitoring Systems to quantitatively measure glucose in fresh capillary whole blood samples drawn from fingertips, palm, forearm, upper arm, calf, or thigh. |
| Reason: The instant blood glucose test strips are specially designed for the use or benefit of people with diabetes, enabling them to monitor their blood sugar levels regularly when used with the blood glucose meters. |
| Ruling Date: Aug. 4, 2025 |