CLA-2-71:OT:RR:NC:N4 462
Lawrence Mikuta
Hobo Bags
9025 Junction Drive
Annapolis Junction, MD 20701
RE: The tariff classification of bag charms from China
Dear Mr. Mikuta:
In your letter dated March 13, 2025, you requested a tariff classification ruling. The items under
consideration are listed below.
“Knot Braid Bag Swag (DV106088)” is a bag charm composed of a leather strap, two base metal spring
clips, base metal O-rings.
“Wood Bead Bag Swag (DV106087)” is a bag charm composed of leather, wooden beads, two base metal
spring clips and base metal O-rings.
“Smoky O Swag (DV106186)” is a bag charm composed of plastic links, two base metal spring clips and
base metal O-rings.
In your letter, you suggest that the “Knot Braid Bag Swag (DV106088)” and the “Wood Bead Bag Swag
(DV106087)” listed above is classifiable under 4205.00.8000 Harmonized Tariff Schedule of the United
States (HTSUS), which provides for other articles of leather or of composition leather, other, other, other. We
disagree. These products are more specifically provided for as delineated below.
You also suggest that “Smoky O Swag (DV106186)” is classifiable as 4205.00.8000, HTSUS, or
3926.90.9985, HTSUS, which provides for “other articles of plastics and articles of other materials of
headings 3901 to 3914: other: other: other.” We disagree. These products are also more specifically provided
for as delineated below.
The Explanatory Notes (EN) to the Harmonized Tariff Schedule of the United States (HTSUS), General
Rules of Interpretation (GRI) 3(b) (VIII), state that “the factor which determines essential character will vary
between different kinds of goods. It may for example, be determined by the nature of the materials or
components, its bulk, quantity, weight, or value, or by the role of a constituent material in relation to the use
of the goods.”
“Knot Braid Bag Swag (DV106088)” is a composite good made of leather and base metal. In this instance it
is the leather that predominates in quantity and provides the primary visual appeal. Accordingly, it is our
opinion that the leather that imparts the essential character.
Smoky O Swag (DV106186) is a composite good made of plastic, leather, and base metal. In this instance, it
is the plastic donut-shaped rings that provide the primary visual appeal. Accordingly, it is our opinion that the
plastic imparts the essential character.
Wood Bead Bag Swag (DV106087) is a composite good made of wood, leather, and base metal. In this
instance it is the leather that predominates in quantity and provides the primary visual appeal. Accordingly, it
is our opinion that the wood imparts the essential character.
The applicable subheading for Knot Braid Bag Swag (DV106088), Wood Bead Bag Swag (DV106087), and
will be 7117.90.9000, HTSUS, which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per
dozen pieces or parts: Other: Other.” The rate of duty will be 11 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 7117.90.90.00, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15,
in addition to subheading 7117.90.90.00, HTSUS, listed above.
The applicable subheading for the Smoky O Swag (DV106186) will be 7117.90.7500, HTSUS, which
provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of
plastics.” The rate of duty will be free.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheadings 7117.90.90.00, HTSUS, and 7117.90.7500, HTSUS, listed above.
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 at https://hts.usitc.gov/.
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 Sandra Sary at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division