CLA-2-82:OT:RR:NC:1:118
Mr. Eric W. Hansel
C.H. Powell Company
478 Wando Park Blvd.
Mt. Pleasant, SC 29464
RE: The tariff classification of an ear piercing gun from China.
Dear Mr. Hansel:
In your letter dated March 20, 2012, you requested a tariff classification ruling on behalf of Hallmark-Sweet Inc.
Two samples were submitted for review, the Inverness 2000 Ear Piercing Gun and the Inverness Piercing System. You state that the Inverness 2000 Ear Piercing Gun is a hand pressured ear perforator designed specifically for administering the Inverness Ear Piercing System. It is made of plastic with stainless steel components. The Inverness Ear Piercing System includes the following items:
The setting: The piercing stem and decorative portion of the earring.
The stone: Synthetic stones set in each earring.
The clutch: The backer which holds the earring in place from the back of the ear.
The seal: The printed paper label used to seal the inner container of one earring.
The prep pad: The packaged alcohol prep pad.
The capsule: The yellow plastic component that houses the “setting.”
The cartridge: The white plastic component that houses the “capsule” and the “clutch.”
The cassette: The clear plastic component that houses two “cartridges.”
In order to operate the Inverness 2000 Ear Piercing Gun, a singular “cartridge” must be snapped into the forward portion of the gun. The user then holds the gun in one hand and pushes the back portion with their palm. The stainless steel plunger inside the gun is engaged and pushes the “setting” through the ear and into the “clutch.”
The applicable subheading for the Inverness 2000 Ear Piercing Gun will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: of iron or steel: other: other (including parts). The rate of duty will be 5.3% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on the Inverness Ear Piercing System. Your request for a classification ruling should include the following:
Provide a model number.
List all the components of the Inverness Piercing System at the time of importation.
Does it include the ear piercing gun?
Is it imported packaged suitable for retail sale?
Will anything be added to the packaging after importation?
What is the material composition of the imported setting, stone and clutch?
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at (646) 733-3021.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division