CLA-2-73:OT:RR:NC:N1:113

Mr. Dan Courson
ITI Manufacturing, Inc.
333 Southwestern Blvd., Suite 202
Sugar Land, Texas 77478-3659

RE: The tariff classification of a Snap Bagger from China

Dear Mr. Courson:

In your letter dated January 16, 2012, you requested a tariff classification ruling. Product information and a sample were submitted for our review.

The article under consideration is identified as the Snap Bagger. The Snap Bagger is composed of a steel triangle frame, a steel yoke, two sections of steel tubing and a bungee cord. The bungee cord is used to hold the garbage bag in place. The garbage bag is not included with the item. The Snap Bagger is to be used outdoors for cleaning up debris around the home and gardening in the backyard.

In your letter you suggest classification for the Snap Bagger under subheading 8201.30.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: mattocks, picks, hoes and rakes, and parts thereof: other. The Snap Bagger functions as a holder for a plastic bag which is used as a receptacle for yard waste, therefore, it is not a product of Chapter 82, HTSUS.

The applicable subheading for the Snap Bagger will be 7323.99.9080, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel…other, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 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,

Thomas J. Russo
Director
National Commodity Specialist Division