CLA-2-39:OT:RR:NC:N4:422

Ms. Frances Wing Lopez
Armal Inc.
122 Hudson Industrial Road
Griffin, GA 30224

RE: The tariff classification of plastic components for repair of portable toilets from Italy

Dear Ms. Lopez:

In your undated letter, which was received in this office on April 15, 2013, as a follow-up to your letter of March 13, 2013, you requested a tariff classification ruling.

The submitted sample is identified as a Topline Complete Kit, Item IDA1061W. This item consists of the articles necessary to assemble or repair portable public toilets. They include a plastic toilet seat, plastic toilet seat lid, plastic toilet paper holder, steel toilet paper rod, plastic urinal, plastic urinal tube and numerous metal and plastic fittings and hardware. These articles are packaged together for retail sale before importation and nothing is added after importation. This item is considered to be "goods put up in sets for retail sale" within the meaning of General Rule of Interpretation (GRI) 3 and each set is classifiable under a single tariff provision. The toilet seat and lid provide the essential character within the meaning of GRI 3(b).

The applicable subheading for Item IDA1061W will be 3922.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …seats and covers…of plastics: lavatory seats and covers. The rate of duty will be 6.3 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 Gary Kalus at (646) 733-3055.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division