CLA-2-55:OT:RR:NC:N3:351
Ms. Nicole M. Crimm
Daiso California LLC
16400 Trojan Way
La Mirada, CA 90638
RE: The tariff classification of diffuser sticks from China.
Dear Ms. Crimm:
In your letter dated May 25, 2022, you requested a tariff classification ruling. A sample was provided and sent for laboratory analysis. The sample will be retained for reference purposes.
Item #4549892456213, described as a “Fiber Reed Stick,” is a diffuser stick designed to be partially inserted into a jar filled with scented oil, where it will act as a wick that releases fragrance into the air. You state the fibers are bonded by adhesive. The sticks will be imported and sold in packages of twenty and are available in two different colors: black and white.
According to U.S. Customs and Border Protection (“CBP”) laboratory analysis, the diffuser sticks are composed wholly of polyester filament fibers, does not contain bi-component fibers, and are in uniform lengths equal to the length of the tow which measures 22 centimeters. The tow has a linear density of 43,851 decitex and is not drawn. Each filament fiber has a linear density of 4.1 decitex and a cross section of less than 1 millimeter. The fibers are not carded, combed, or otherwise processed for spinning, are not twisted, and are not considered a sliver or roving. The diffuser sticks contain an application of polyester resin.
The applicable subheading for the “Fiber Reed Stick”, will be 5503.20.0045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Synthetic staple fibers, not carded, combed or otherwise processed for spinning: Of polyesters: Other: Measuring 3.3 decitex or more but less than 13.2 decitex.” The rate of duty will be 4.3 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 5503.20.0045, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5503.20.0045, 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, including information on exclusions and their effective dates, 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.
The diffuser sticks from China may be subject to antidumping duties and countervailing duties (“AD/CVD”). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (“CBP”). You can contact them at https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb.
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 Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division