CLA-2-28:OT:RR:NC:2:236
Ms. Lucy Pellegrino
Twisted Three Designs Ltd.
120 Neptune Place
Massapequa, NY 11758
RE: The tariff classification of reusable ice packs from China
Dear Ms. Pellegrino:
In your ruling request received August 20, 2015, you requested a tariff classification ruling on reusable ice packs.
Your submission indicates that there are two versions of the product at issue. The first version measures six inches in width, six inches in height, and half of an inch in thickness. The second version measures four inches in width, four inches in height, and half of an inch in thickness. Both ice packs are made of molded plastic and filled with distilled water that has been tinted blue with food safe coloring. The ice packs are rigid, completely sealed and intended to keep food and beverages cool when carrying them in a lunch bag or cooler type bag. When the ice packs are placed in a freezer the water inside freezes, when defrosted the water becomes liquid again. These products are intended for repetitive use.
By application of GRI 3(b), the ice packs are classified in the heading in which the distilled water providing the ice effect is classified.
The applicable subheading for the reusable ice packs will be 2853.00.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other inorganic compounds (including distilled or conductivity water and water of similar purity); liquid air (whether or not rare gases have been removed); compressed air; amalgams, other than amalgams of precious metals: Other. The general duty rate will be 2.8 percent ad valorem.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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 Nuccio Fera at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division