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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N352936: The tariff classification of an aluminum waste receptacle from Canada
| HTS: 7615.10.9100, 9903.85.07; 9903.01.26, 3.1% + 50%, “Table, kitchen or other household articles and parts thereof, of aluminum; sanitary ware and parts thereof, of aluminum: Table, kitchen or other household articles and parts thereof; pot scourers and scouring or polishing pads, gloves and the like: Other: Other.” |
| Item: The item is an aluminum waste receptacle, which is designed to collect trash for public use. The round aluminum waste receptacle contains an aluminum lid, an aluminum stand, a 54-pound concrete base, and stainless-steel rings. |
| Reason: N/A |
| Ruling Date: Aug. 29, 2025 |
N351963: The country of origin of the Ableton Push 3 standalone musical instrument
| Origin: Vietnam |
| Item: The article under consideration is identified as the Ableton Push 3 Standalone, which is described as an electronic portable, stand-alone music instrument designed to give the user flexibility to create electronic music on-the-go. The assembly and population of the printed circuit board assemblies (PCBAs) will take place in Vietnam in a multi-step process, where the electrical components are attached to the bare circuit board using surface-mount technology (SMT) process. |
| Reason: The assembly of the PCBAs in Vietnam by soldering the individual components onto the bare boards results in a substantial transformation of the components to produce the PCBAs of Vietnamese origin. |
| Ruling Date: Aug. 29, 2025 |
N351549: The Tariff Classification and Country of Origin of Frozen Golden Pompano Fish
| HTS: 0303.89.0080, 9903.01.24; 9903.01.25; 9903.88.03, free + 20% + 10% + 25%, “Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other fish, excluding edible fish offal of subheadings 0303.91 to 0303.99: Other.” |
| Origin: China |
| Item: Whole, frozen golden pompano fish (Trachinotus blochii) that is farm raised in China will be shipped to Mexico. In Mexico, the fish will be processed by beheading, taking out the gills and guts, cutting off the tails and fins, scoring the surface, rinsing, and individually quick freezing in bulk packages 17 cm long and 12 cm wide. |
| Reason: The article is not substantially transformed due to processing that is performed in Mexico. Accordingly, based on the information presented, the golden pompano fish is a product of China. |
| Ruling Date: Aug. 15, 2025 |
N350870: The tariff classification and eligibility under the Nairobi Protocol of underarm crutches from China
| HTS: 9021.10.0090, 9903.01.24; 9903.01.25, free + 20% + 10%, “[o]rthopedic appliances, including crutches, surgical belts; splints and other fracture appliances …[o]rthopedic and fracture appliances, and parts and accessories thereof: [o]ther.” |
| Item: The PremierPro Aluminum Crutches are armpit (underarm) crutches constructed of aluminum. They feature 1” height adjustments on the center tube for precise fitting, double push-button adjustments, and a push-button indicator ring. Each crutch has an underarm cradle, a handgrip, and a crutch tip. It has a weight capacity of 300 lbs. |
| Reason: While the underarm crutches may be used by individuals with chronic or permanent disabilities, they are predominantly used by individuals with acute or transient disabilities. As such, the underarm crutches are precluded from receiving duty-free treatment under subheading 9817.00.96. |
| Ruling Date: July 29, 2025 |
N350795: The tariff classification and eligibility of Arterial Venous Fistula Needle Sets under the Nairobi Protocol Treatment from Indonesia
| HTS: 9018.39.0050, 9817.00.96, free, “[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: [o]ther.” |
| Item: Single-use sterile devices intended to cannulate an established AV fistula or graft for repeated extracorporeal blood treatments in patients receiving chronic (long term) renal replacement therapy. All the Arterial Venous Fistula Needle Sets above may be used for conventional hemodialysis and, when clinically appropriate and consistent with labeling, for related modalities such as intermittent hemofiltration or hemodiafiltration that utilize the same extracorporeal circuit. |
| Reason: N/A |
| Ruling Date: July 28, 2025 |
N351305: The country of origin of Dermasil® Daily Face Cream
| Origin: Malaysia or Vietnam |
| Item: The subject product is described as a face cream sold under the brand name Dermasil®, containing the active ingredient dimethicone, enhanced with rose water and witch hazel. The formula is designed to hydrate and nourish the skin while providing a gentle toning and balancing effect. The ingredients are sourced from various countries and will be sent to either Malaysia or Vietnam for processing. |
| Reason: The production process in Malaysia or Vietnam results in a substantial transformation. Therefore, the country of origin of the Dermasil Daily Face Cream will be Malaysia or Vietnam, based on the country where the production process occurs. |
| Ruling Date: July 24, 2025 |
N351306: The country of origin of Dermasil® Face Serum Oil
| Origin: Malaysia or Vietnam |
| Item: The subject product is described as a facial serum oil sold under the brand name Dermasil. It is designed for use on the face to smooth and restore skin. The raw materials used to produce the face serum oil include emulsifiers, preservatives, solvents, oils, and moisturizing agents sourced from various countries. These ingredients will be sent to either Malaysia or Vietnam. In Malaysia or Vietnam for processing. |
| Reason: The production process in Malaysia or Vietnam results in a substantial transformation. Therefore, the country of origin of the Dermasil Face Serum Oil will be Malaysia or Vietnam, based on the country where the production process occurs. |
| Ruling Date: July 24, 2025 |
N351352: The country of origin of Dermasil® Dry Skin Treatment Body Lotion
| Origin: Malaysia or Vietnam |
| Item: Dermasil® Dry Skin Treatment Body Lotion is described as an over the counter (OTC) body lotion containing the active ingredient dimethicone. It is specially formulated to create a barrier on the skin to lock in moisture and protect against irritation. In addition to dimethicone, other raw materials used to produce the body lotion include emulsifiers, preservatives, thickeners, oils, stabilizers, and moisturizing agents. These ingredients are sourced from various countries and will be sent to either Malaysia or Vietnam for processing. |
| Reason: The production process in Malaysia or Vietnam results in a substantial transformation. Therefore, the country of origin of the Dermasil® Face Serum Oil will be Malaysia or Vietnam, based on the country where the production process occurs. |
| Ruling Date: July 24, 2025 |
N349958: Eligibility of molecular sieves for duty-free tariff treatment under the Nairobi Protocol; 9817.00.96; specially designed or adapted for the handicapped; parts
| Nairobi Protocol Eligibility: Yes |
| Item: The items under consideration are molecular sieves which will be used with oxygen concentrators. The sieves work by retaining or adsorbing nitrogen in the air flow, increasing the oxygen flow content and assisting the oxygen concentrator end users who have chronic difficult breathing conditions to survive. |
| Reason: The molecular sieves are specially designed for use in oxygen concentrators as a “part” of those articles and are eligible for duty-free treatment under subheading 9817.00.96, HTSUS. |
| Ruling Date: July 16, 2025 |
N351895: The tariff classification, country of origin, and eligibility under the United States-Mexico-Canada Agreement (USMCA) for Black Seed Oil, Peanut Oil, and Pumpkin Seed Oil from Canada
| HTS: 1515.90.8190, 3.2%, “Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: other: other: other.” |
| Origin: Canada |
| USMCA Eligibility: Yes |
| Item: The subject merchandise is described as three cold-pressed organic oil items, as follows. Item one is Black Seed Oil which is cold pressed from Nigella sativa seeds from Egypt. Item two is Peanut Oil which is cold pressed from raw peanuts from China. Item three is Pumpkin Seed Oil which is cold pressed from raw pumpkin seeds sourced from Germany. |
| Reason: Because the foreign materials contained in the oils, Nigella sativa seeds from Egypt (1207.99.0391), raw peanuts from China (1202.42.2020), and pumpkin seeds from Germany (1209.99.0391), respectively, are classified in chapters other than Chapter 15, HTSUS, the tariff shift rule is met. |
| Ruling Date: Aug. 29, 2025 |