CLA-2-73:OT:RR:NC:N1:113
Mr. Len Gevertzman
Vida Shoes International Inc.
29 West 56th Street
New York, NY 10019
RE: The tariff classification of a water bottle from China
Dear Mr. Gevertzman:
In your letter dated December 31, 2013, you requested a tariff classification ruling. You submitted a sample of the water bottle which will be returned to you as requested.
The article is identified as a water bottle that is made of stainless steel, style WBS1. The bottle under consideration has a plastic twist off cap with a spout that is used to drink the water. The bottle is decorated with two red and two blue stripes around the outside. It has the letters “ha” printed on one side. The subject water bottle has an eighteen ounce capacity.
In your letter, you considered classification for the stainless steel water bottle under heading 7323, Harmonized Tariff Schedule of the United States (HTSUS), which provides for table, kitchen or other household articles of iron or steel. Items classified in heading 7323 belong to the class or kind of articles principally used in the home. It is our position that the water bottle is designed for use primarily away from the home. The sturdy composition and the closed top of the bottle in question support ease of travel. Since the subject water bottle is not designed to be used in or around the house, the bottle would not be considered a table, kitchen or other household article and would not classifiable in heading 7323, HTSUS. Therefore, as you proposed the stainless steel water bottle would be classified as an article of its constituent material in heading 7326, HTSUS, which provides for other articles of iron or steel.
You have also asked whether this product is subject to quota or visa restrictions or is regulated by other government agencies including the Food and Drug Administration. There are no quota restrictions or visa requirements for the product at this time. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check our web site at www.cbp.gov. There are no requirements imposed by Customs and Border Protection (CBP) in order to import this product. This office is not aware of any requirements mandated by other government agencies. However, we suggest that you contact the port of entry to confirm this as the time of importation nears.
The applicable subheading for the style WBS1 stainless steel water bottle will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent 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/.
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 Ann Taub at 646-733-3018.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division