CLA-2-42:OT:RR:NC:N4:441
Erin Williamson
Geodis USA
390 Franklin Avenue
Franklin Square, NY 11010
RE: The tariff classification of three travel pouches from China
Dear Ms. Williamson:
In your letter dated December 18, 2018, you requested a tariff classification ruling on behalf of your client, Steve Madden, Ltd. You have submitted samples, which will be returned to you under separate cover.
The submitted samples are travel pouches. They are designed to provide storage, protection, portability, and organization to personal effects during travel. Each pouch is imported with three plastic bottles. One pouch also comes with a toothbrush case as described below. The travel pouches and plastic containers are not considered sets for tariff purposes and will be classified separately under their appropriate subheadings.
Item TLB-0206 is constructed with an outer surface of cotton textile material. Items TSM-0396 and TBJ-0368 are constructed with an outer surface of plastic sheeting material. Item TBJ-0368 includes a toothbrush case in addition to the bottles.
The applicable subheading for item TLB-0206 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The general rate of duty will be 6.3 percent ad valorem.
The applicable subheading for items TSM-0396 and TBJ-0368 will be 4202.92.4500, HTSUS, which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic, other. The general rate of duty will be 20 percent ad valorem.
The applicable subheading for the plastic bottles and toothbrush case will be 3924.90.5650, HTSUS, which provides for…toilet articles, of plastics: other: other…other. The general 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 the World Wide Web at https://hts.usitc.gov/current.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS.
For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974).
Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 4202.92.15 and 4202.92.45, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, 9903.88.03, in addition to subheading, 4202.92.1500 and 4202.92.4500, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the notice cited above and the applicable Chapter 99 subheading.
Your inquiry does not provide enough information for us to give a classification ruling on travel pouches included in your request referred to as Item TBJ-0382 and TBJ-0385. Your request for a classification ruling should include answers to the following questions:
Please submit samples of each item in retail ready packaging.
Detailed breakdown of component materials of the articles by weight, cost and percentage.
3. Provide advertising and marketing literature.
Please, include a statement that there are, to the importer’s knowledge, no issues on the commodity pending before Customs or any court; and a statement as to whether classification (HTSUS) advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.
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 Vikki Lazaro at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division