CLA-2-63:OT:RR:NC:N3 351
Geodis USA Inc
One CVS Drive Woonsocket, RI 02895
RE: The tariff classification of a chin strap from China
Dear Mr. Kenny:
In your letter dated April 28, 2023, you requested a tariff classification ruling on behalf of your client, CVS Pharmacy Inc. A sample of the product was provided to this office and will be retained for training purposes.
Item 610878, described as a “Snore Strap,” is a chin strap designed to be worn while sleeping and intended to prevent snoring by encouraging breathing through the nose. The chin strap is composed of three layers: a single layer of neoprene rubber is sandwiched between two layers of 100 percent polyester knit fabric, dyed black. The chin strap is shaped like a cummerbund and is finished with a ¾ inch wide 100 percent polyester knitted binding, dyed blue. The strap measures 25 inches in length by 3 inches in width and features two ear openings, each measuring 3 1/8 inches in length by ¾ inches in width; a rectangular piece of 100 percent polyester knit webbed fabric, dyed black, sewn on the inside surface at the center for comfort; and two hook-and-loop fasteners affixed to the ends. The center of the strap is worn under the chin and the strap fits around the ears and fastens at the back of the head. The unisex item is sized for an adult.
You have suggested that the “Snore Strap” should be classified under 6307.90.9889, Harmonized Tariff Schedule of the United States, (HTSUS), however, the suggested classification is no longer valid as of midnight June 30, 2020. In 2020, Revision 14 to the HTSUS renumbered subheading 6307.90.9889, HTSUS, to subheading 6307.90.9891, HTSUS. The applicable subheading for the “Snore Strap” will be 6307.90.9891, HTSUS, which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9891, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6307.90.9891, 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.
In your letter dated April 28, 2023, you requested a tariff classification ruling.
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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division