CLA-2-65:OT:RR:NC:N3:358
Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520
RE: The tariff classification of a visor and pouch from China
Dear Ms. Trotta:
In your letter dated January 26, 2017, you requested a tariff classification ruling. A sample was submitted with your letter. The sample will be retained by this office.
The submitted sample, identified as a “Folding Visor and Storage Pouch,” Item 20849-P, consists of a visor and matching drawstring pouch. The visor does not cover the crown of the head. The top of the visor is made of a printed 95 percent polyester and 5 percent spandex finely knit fabric sewn into a 2 ½ inch wide tube that encircles the head. The peak consists of three separate pieces of polyethylene covered with a black 95 percent polyester and 5 percent spandex finely knit textile material. The segmented polyethylene peak provides structure and foldability to the visor. To store, the outer two pieces of the peak are fold inward toward the center piece and the item is placed in the pouch. The unlined pouch is made from the same printed fabric used in the construction of the visor and measures 4 ¼ inches in width X 6 ¼ inches in height. A one centimeter wide polyester ribbon is used as a drawstring. The drawstring pouch is designed to provide storage, protection, portability and organization to the visor. It is of a durable construction and suitable repetitive use.
The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) constitute the official interpretation of the tariff at the international level. EN X to General Rule of Interpretation (GRI) 3(b) provides: “for the purposes of this Rule, the term "goods put up in sets for retail sale" shall be taken to mean goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).” Sets are classified according to the component, or components taken together, which can be regarded as conferring on the set as a whole its essential character. Item 20849-P consists of two articles classifiable under separate headings. They are packaged together for retail sale and are designed to be used together; therefore, Item 20849-P meets the term “goods put up in sets for retail sale.” We find that the visor confers the essential character of the set.
The applicable subheading for the visor will be 6505.00.6045, HTSUS, which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid: Other: Other: Visors, and other headgear which provides no covering for the crown of the head.” The rate of duty will be 20 cents per kilogram plus 7 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 the World Wide Web at https://hts.usitc.gov/current.
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 Kim Wachtel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division