CLA-2-39:OT:RR:NC:N4:422
Ms. Regina Woody
Hobby Lobby
1117 South Lake Ridge Lane Mustang, OK 73179
RE: The tariff classification of plastic food storage containers from China
Dear Ms. Woody:
In your letter dated December 4, 2024, you requested a tariff classification ruling. Images were submitted along with your request.
The items under consideration are identified as food storage containers, SKU 2509644, Snap/Lock Deviled Egg Carrier, SKU 2509651, Snap/Lock Pie Carrier, SKU 2509669, Snackle Box with Handle 8 Compartment, and SKU 2509677, Snap/Lock Snackle Box with Handle. All four items are safe for food contact.
SKU 2509644, Snap/Lock Deviled Egg Carrier, is comprised of 100% polypropylene. The article is a molded plastic case with an interior that is specially shaped and fitted to contain twenty-four eggs. It is designed to provide storage, protection, organization and portability to two dozen eggs. It features two handles and two snap-on lids. The egg carrier measures approximately 10.25 inches long by 7.75 inches wide by 2.5 inches deep.
SKU 2509651, Snap/Lock Pie Carrier, is mostly comprised of polypropylene. The square carrier features two handles and a snap-on lid. It measures approximately 12.4 inches long by 12.4 inches wide by 3.5 inches deep. It is designed to hold and store pies, desserts, and appetizers.
SKU 2509669, Snackle Box with Handle 8 Compartment, comprises 40% polypropylene, 50% polyethylene terephthalate, and 10% silicone. The square box contains eight square bowl compartments for separating food and ingredients and features two handles and a snap-on lid. Each compartment measures approximately 4 inches long by 4 inches wide by 2.56 inches deep. The box measures approximately 12.2 inches long by 9.25 inches wide by 2.6 inches deep. It is designed to hold and store fruits and various snacks.
SKU 2509677, Snap/Lock Snackle Box with Handle, is mostly comprised of polypropylene. The square box has four irregularly shaped compartmental bowls, and one dip bowl with a lid. The article features two handles and a snap-on lid. Each compartment measures approximately 6 inches long by 6 inches wide by 3.5 inches deep. The box measures approximately 12.4 inches long by 12.4 inches wide by 3.5 inches deep. It is designed to hold and store dips, appetizers, desserts, and pies.
The applicable subheading for SKU 2509644, Snap/Lock Deviled Egg Carrier, will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, other, other, other. The general rate of duty will be 20 percent ad valorem.
The applicable subheading for SKU 2509651, Snap/Lock Pie Carrier, SKU 2509669, Snackle Box with Handle 8 Compartment, and SKU 2509677, Snap/Lock Snackle Box with Handle, will be 3924.10.4000, HTSUS, which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” The rate of duty will be 3.4 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4202.99.9000, 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, i.e., 9903.88.03, in addition to subheading 4202.99.9000, 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 the World Wide Web at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Dana L. Giammanco at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division