CLA-2-82:OT:RR:NC:N4:415
Ms. Johanna H. Salvino
Casper Company, LLC
15 River Road, Suite 230
Wilton, CT 06897
RE: The tariff classification for the Weekend Hangover™ and the Weekend Purifier™ multipurpose tools from China.
Dear Ms. Salvino:
In your letter dated August 9, 2017, you requested a tariff classification ruling on behalf of your client Clearsite LLC.
The two items are part of the Sav-It “4” Later™ Weekend series and each are multipurpose tools in an ABS plastic cartridge designed to fit onto the bottom of a standard BIC® lighter. They are imported packaged for retail sale and sold separately from the lighters with which they will be used. The ruling request also included two additional items, the “Dragster” and the “Piper,” but they will not be ruled upon as additional information is needed.
The Weekend Hangover™ includes a compartment suitable for storage of supplements and OTC medicines, a bottle opener, a Sav-It “4” Later™ cutter that contains a steel blade and is indicated to be used for cigarettes, and a LED light.
The Weekend Purifier™ includes a replaceable hand sanitizer spray dispenser, a bottle opener, a Sav-It “4” Later™ cutter, and a LED light.
General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings, any relative section or chapter notes and, unless otherwise required, according to the remaining GRI’s taken in order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3. GRI 3(a) states that the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings refer to part only of the items in a composite good, those headings are to be regarded as equally specific in relation to the goods, even if one of them gives a more complete or precise description of the good. As such, they are regarded as equally specific and classification of the composite good is to be determined by GRI 3(b) or GRI 3(c) taken in the appropriate order in which they are set out in GRI 3. An essential character determination is only required when classifying an item under GRI 3. The Weekend Hangover™ and the Weekend Purifier™ consist of at least two different articles that are, prima facie, classifiable in different headings. GRI 3(b) states in part that composite goods, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character.
We believe the Weekend Hangover™ derives its essential character from the Sav-It “4” Later™ cutter. The applicable subheading will be 8214.90.9000, HTSUS, which provides for "[o]ther articles of cutlery (for example, hair clippers, butchers' or kitchen cleavers, chopping or mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files); base metal parts thereof: [o]ther: [o]ther (including parts)." The general, column one rate of duty is 1.4 cents each plus 3.2 percent ad valorem.
We believe the Weekend Purifier™ derives its essential character from the hand sanitizer. The applicable subheading will be 3401.30.5000, HTSUS, which provides for “[s]oap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: [o]rganic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: [o]ther.” The general rate of duty will be free.
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 https://hts.usitc.gov/current.
Your inquiry does not provide enough information for us to give a classification ruling on the two additional items included in your request referred to as the “Dragster” and the “Piper.” Your request for a classification ruling should include answers to the following questions:
In the information you previously provided, you stated these articles are made of “food-safe silicone rubber, stainless steel blade 304, steel spring, and stainless steel 304 bowl cap,” what is the percentage in weight and cost of each component toward the total product?
Is the pipe constructed from the food-safe silicone rubber? If not, what material is used?
Please provide detailed specifications and measurements on the Dragster and the Piper including the diameter and volume of the stainless steel bowl.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division