CLA-2-93:OT:RR:NC:N3:140
Ms. Catherine Spencer
Freight Expediters
6920 Engle Rd. Suite II
Middleburg Heights, Ohio 44130
RE: The tariff classification of Steel Key Chains with a Baton or a Kubotan from China
Dear Ms. Spencer:
In your letter dated January 22, 2021, you requested a tariff classification ruling on behalf of your client, Hi Way Distribution.
The subject products consist of three keychains that are also described as “keyrings” in your request. One of the keychains has a retractable baton and the other two have a kubotan. They are available in various colors. These items are marketed and sold in truck stops and convenience stores. While they will be used as keychains, they are also marketed and sold to protect the user in case of an attack. The three items are described below.
Item Description 1
Item 050-50551 is described as a steel key ring with a hollow steel baton. The cap on top which connects the key ring is made of zinc alloy. The baton is retractable. It measures 22 to 32 cm when open and 13 cm when retracted and weighs 40 grams.
Item Description 2
Item 050-50553 is described as a steel keyring with a kubotan made of solid Aluminum Alloy. It has a flat kubotan and measures 14 cm in length x 1.5 cm diameter and weighs 60 grams
Item Description 3
Item 050-50552 is described as a steel keyring with a kubotan made of solid Aluminum Alloy and has a tapered kubotan. It measures 14 cm in length x 1.5 cm diameter and weighs 60 grams.
Each subject key ring with a baton or a kubotan attached consists of components classified in more than one heading, therefore, each key ring with a baton or kubotan is a composite article. It has been CBP’s position that a key ring attached to a functional article (flashlight, knife, whistle, bottle opener, etc.) is classified as the functional article. The key ring does not impart the essential character to the subject key ring with a baton or kubotan, and therefore, would not be classifiable as a steel key ring under heading 7326, HTSUS, which provides for other articles of iron or steel.
The applicable subheading for the steel key chains, with baton or a kubotan, described above, (Item Numbers 050-50551, 050-50552 and 050-50553) will be 9304.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Other.” The rate of duty will be 5.7% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 9304.00.6000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty under 9903.88.15, HTSUS. At the time of importation, you must report the Chapter 99 subheading, 9903.88.15, in addition to subheading 9304.00.6000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division