CLA-2-63:OT:RR:NC:N3:351

Ms. Jasmin Agbuya
Current Media Group, LLC
6765 Campus Drive
Colorado Springs, CO 80920

RE: The tariff classification of felt treat bags from China

Dear Ms. Agbuya:

In your letter dated May 21, 2025, you requested a tariff classification ruling. Samples of the felt treat bags were provided with your request and will be retained for training purposes.

Item #610830, described as “Elf Pants Felt Treat Bags,” are a set of six gift bags with dangling legs intended to hold treats and candy. Each open top, square-shaped bag is composed of 100 percent polypropylene nonwoven felt, dyed green, fabric. The three-panel bag is sewn on three sides. The front of each bag depicts an elf pant with two pockets and a black belt with two yellow buttons and a yellow buckle glued to the top edge. Each bag also features two red and white striped handles which resemble suspenders and two green and white striped legs with red elf slippers attached to the bottom. Each completed bag measures 4 ½ inches in width by 7 ¼ inches in height.

Item #621287, described as “Santa Gnome Felt Treat Bags,” are a set of five gift bags intended to hold treats and candy. Each open top, square-shaped bag is composed of 100 percent polypropylene nonwoven felt, dyed, fabric. The three-panel bag is sewn on three sides. Glued to the front of each bag is a gnome with a white beard wearing a red striped Santa hat. Each bag measures 4 ½ inches in width by 8 ¾ inches in height and features two red fabric handles.

You suggested that the treat bags should be classified under 9817.95.05, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for “Utilitarian articles in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States.” We disagree. Neither the elf pants nor the Santa gnome is a recognized festive character or motif. The gnome is a creature associated with folklore tradition in Scandinavia, not the United States. Therefore, the treat bags do not qualify for subheading 9817.95.05, HTSUS. The applicable subheading for the treat bags will be 6307.90.9891, HTSUS, which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 percent ad valorem.

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 subheading 6307.90.9891, HTSUS, listed above.

Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e., 9903.01.25, in addition to subheading 6307.90.9891, HTSUS, listed above.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9891, 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 6307.90.9891, HTSUS, listed above.

The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 Kristine Dodge at [email protected].
Sincerely,

(for)
Steven A. Mack
Director
National Commodity Specialist Division