CLA-2-39:OT:RR:NC:N4:422
Mr. Peter Salvato
Import Commodity Group Ltd.
500 Merrick Road
Lynbrook, NY 11563
RE: The tariff classification of a key ring with an attached plastic bottle opener from China
Dear Mr. Salvato:
In your letter dated May 23, 2011, on behalf of Team Beans LLC., you requested a tariff classification ruling.
The submitted sample is identified as a bottle opener/ key chain, Style# FFMNNCCTRB. This item is comprised of an iron split wire key ring with an attached bottle opener that is made of polycarbonate (PC) plastic material. The bottle opener measures approximately 2¾” in length by 1½” in width. Various professional sporting logos are printed on the bottle openers at the factory before importation. In an email dated June 23, 2011, you have stated that the importer “has licensing agreements on file with CBP for all the major sporting leagues, MLB, NHL, NFL, NBA, NASCAR, as well as NCAA, Disney and Marvel Comics.” As you requested, the sample will be returned to you.
This item is a composite good within the meaning of General Rule of Interpretation (GRI) 3. The bottle opener is durable and can continue to be used for an indefinite period of time, whether or not the ring is used to hold keys. Also, the bulk and size of the bottle opener would suggest that this component serves the primary role. Therefore, it is the opinion of this office that the plastic bottle opener provides this item with the essential character within the meaning of GRI 3(b).
The applicable subheading for Style# FFMNNCCTRB will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware…of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Gary Kalus at (646) 733-3055.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division