CLA-2-96:OT:RR:NC:N4:422
Mr. Ali Makki
Eastern Nights, LLC
10906 Calle Verde, Apt. 187
La Mesa, CA 91941
RE: The tariff classification of hookah pipes, replacement parts and an accessory from Iraq.
Dear Mr. Makki:
In your letter dated December 5, 2018, you requested a tariff classification ruling.
You submitted photographs and detailed descriptions of several models of hookah pipes (no item numbers given) to be imported and used to smoke the flavored tobacco, shisha. The hookahs are composed of an aluminum or brass body with a stainless steel stem, glass vase, clay head or bowl, 1.5 meter silicone hose, and silicone hose and bowl fittings. The hookahs with aluminum bodies come in 55cm or 87cm sizes and the hookahs with the brass bodies come in 55cm, 77cm, 87cm and 110cm sizes.
Also included in your request are replacement parts including silicone hoses, individual clay heads, glass vases, silicone hose and bowl fittings, brass hose adapters and stainless steel tongs.
The applicable subheading for the hookah pipes with brass or aluminum bodies and clay bowls and the replacement clay bowls will be 9614.00.2600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Smoking pipes…: pipes and pipe bowls: pipes and bowls wholly of clay and pipes with bowls wholly of clay.” The duty rate will be 3% ad valorem.
The applicable subheading for the replacement silicone hoses, silicone hose and bowl fittings will be 9614.00.9890, HTSUS, which provides for “Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof: other: other: other.” The rate of duty will be 0.5 cents each plus 3 percent ad valorem.
The applicable subheading for the replacement glass vases will be 9614.00.9810, HTSUS, which provides for “Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof: other: other: of glass.” The rate of duty will be 0.5 cents each plus 3 percent ad valorem.
The applicable subheading for the brass hose adapters will be 9614.00.9400, HTSUS, which provides for “Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof: other: of metal.” The rate of duty will be 7.2 percent ad valorem.
The applicable subheading for the stainless steel tongs will be 8215.99.5000, HTSUS, which provides for “Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof: other: other: other (including parts).” The rate of duty is 5.3 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 the World Wide Web at https://hts.usitc.gov/current.
See Headquarters Ruling Letter H150766, dated March 8, 2011, specifically, the provisions of the ruling dealing with drug paraphernalia. If you wish to obtain an admissibility ruling directly applicable to your particular situation, you may write to the following CBP office:
Attn: Cargo Security, Carriers & Immigration Branch
Office of International Trade
Regulations and Rulings
U.S. Customs and Border Protection
90 K Street N.E.
Washington, D.C. 20229
If you decide to write to the above office, we suggest that you include a copy of this letter as well as explanations, literature, documents, exhibits, etc., which address the following factors in relation to the products to be imported: 1) Instructions provided with the items concerning their use, 2) Descriptive materials accompanying the items which explain or depict their use, 3) National and local advertising concerning their use, 4) The manner in which the items will be displayed for sale, 5) Whether the importer and other parties in control of the items are legitimate suppliers of like or related items to the community, such as a licensed distributor or dealer of tobacco products, 6) The ratio of sales of the items to the total sales of the business enterprise, 7) Evidence of the existence and scope of the legitimate use of the items in the community, and 8) Expert testimony concerning the items’ use.
Your inquiry does not provide enough information for us to give a classification ruling on the ceramic mugs. Your request for a classification ruling should include:
Please provide the country of origin.
Please provide the type of ceramic that the mugs are made of, for example; porcelain, china, stoneware, etc.
Your inquiry does not provide enough information for us to give a classification ruling on the plastic wall clock. Your request for a classification ruling should include:
Please provide a sample in condition as imported.
Item name and number.
Please provide an exploded diagram labelling all parts in the assembled movement of the clock. (Diagram must show the body or frame, the device which drives the movement, the train, the motion work, the escapement, the regulating device and the winding and hand setting mechanism).
Does the clock contain any watch movements? Is the device regulated by a balance-wheel and hairspring, quartz crystal or any other system capable of determining intervals of time, with a display or a system to which a mechanical display can be incorporated? If so, please indicate the width, length or diameter in millimeters.
Does the clock contain any jewels in the movement?
How does the clock operate? (For example, either by weight, spring, electrically or electronically operated).
Does the striking mechanism (hours, half-hours, or quarters) act on a bell or gong, or a multi-gong chiming mechanism?
Please provide country of origin.
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 Sandra Carlson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division