CLA-2-48:OT:RR:NC:N1:130

Ms. Melissa Auell
Auell Consulting
6304 South Ross Road
Morrison, CO 80465

RE: The tariff classification of a rigid paperboard box from China

Dear Ms. Auell:

In your letter, dated July 1, 2022, you requested a binding tariff classification ruling on behalf of your client, Rackum Racing. The ruling was requested for a rigid paperboard box. Product information and photos were submitted for our review.

The item is a six-sided, rectangular, one-piece, rigid paperboard box. The box has a flip-up, attached lid with magnetic closure and is printed with the logo and brand name. The box measures approximately 172 mm (W) x 112 mm (L) x 40 mm (H) and contains a foam insert specifically fitted to the products the box is intended to package.

The applicable subheading for the one-piece, rigid paperboard box, will be 4819.50.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Other packing containers, including record sleeves: Other: Other: Rigid boxes and cartons. The rate of duty will be free.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4819.50.4040, HTSUS, unless specifically excluded, are subject to an additional 25% 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 4819.50.4040, 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, including information on exclusions and their effective dates, 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.

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.

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 Laurel Duvall at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division