CLA-2-55:OT:RR:NC:N2:349

Ms. Aricela Valerio
Barnes & Noble Inc.
1 Barnes & Noble Way
Monroe, NJ 08831

RE: The tariff classification of two amigurumi style crocheting kits from China

Dear Ms. Valerio:

In your letter dated May 28, 2025, you requested a tariff classification ruling for two amigurumi style crocheting kits. Samples were provided and will be discarded by our office.

Item 9781936199679, “Christmas Crochet,” is a retail kit that includes red, light brown, white, and pink 100 percent acrylic staple fiber yarns presented in balls and green, dark brown, and black 100 percent acrylic staple fiber yarns also presented without support. Each of the yarns weigh less than 125 grams. The yarns meet the tariff definition of “put up for retail sale” found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS). The other components included in the kit are: 1) a 72-page instruction book that includes basic techniques for amigurumi style crocheting and step-by-step directions for an adult to crochet 10 Christmas themed projects; 2) polyester fiberfill for stuffing the crocheted characters; 3) a metal crochet hook; 4) a metal tapestry needle; and 5) four safety eyes. The kit includes materials needed to crochet two projects from the book.

Item 9781936199488, “Crochet Kittens,” is a retail kit that includes red, white and grey 100 percent polyester staple fiber yarns presented in balls and 100 percent polyester staple fiber light blue and black yarns also presented without support. Each of the yarns weigh less than 125 grams. The yarns meet the tariff definition of “put up for retail sale” found in Section XI, Note 4, HTSUS. The other components included in the kit are: 1) a 72-page instruction book that includes basic techniques for amigurumi style crocheting and step-by-step directions for an adult to crochet 10 kittens; 2) polyester fiberfill for stuffing the completed crocheted kittens; a metal crochet hook; 4) a plastic tapestry needle; and 5) four safety eyes. The kit includes materials needed to crochet two projects from the book.

The kits, imported in a cardboard retail box, are each considered a set for tariff purposes. The essential character of the sets is imparted by the acrylic and polyester yarns. General Rule of Interpretation 3(b), HTSUS, and New York Ruling Letter (NYRL) N061435, noted. The applicable subheading for the “Christmas Crochet” will be 5511.10.0030, HTSUS, which provides for “Yarn (other than sewing thread) of man-made staple fibers, put up for retail sale: Of synthetic staples fibers, containing 85 percent or more by weight of such fibers: Acrylic or modacrylic.” The general duty rate will be 7.5 percent ad valorem.

The applicable subheading for the “Crochet Kittens” will be 5511.10.0060, HTSUS, which provides for “Yarn (other than sewing thread) of man-made staple fibers, put up for retail sale: Of synthetic staples fibers, containing 85 percent or more by weight of such fibers: Other.” The general duty rate will be 7.5 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 subheadings 5511.10.0030 and 5511.10.0060, 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 subheadings 5511.10.0030 and 5511.10.0060, HTSUS, listed above.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 5511.10.0030 and 5511.10.0060, 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 subheadings 5511.10.0030 and 5511.10.0060, 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/.

We note that the kits contain polyester fiberfill from China and may be subject to antidumping duties and countervailing duties (“AD/CVD”) for polyester staple fiber from China (A-570-905 or A-570-060 and/or C-570-061). When there is a question as to whether merchandise is subject to an antidumping or countervailing duty order or considered to be defined by the scope of an order, such a determination is governed by the U.S. Department of Commerce’s International Trade Administration (“Commerce”). Commerce issues scope rulings to determine whether merchandise which is in commercial production is covered by the scope of an antidumping or countervailing duty order. Commerce’s scope rulings are separate and distinct from decisions issued by CBP regarding tariff classification and country of origin for purposes such as duty assessment and marking.

To seek a scope ruling, please visit the website of Commerce’s International Trade Administration. A guide to seeking a scope ruling can be found at https://access.trade.gov/help /Scope_Ruling_Guidance_(4.1.2022).pdf. A list of current AD/CVD investigations at the United States International Trade Commission can be viewed on its website at http://www.usitc.gov. Additionally, messages sent by Commerce to CBP regarding AD/CVD cash deposits and liquidation can be searched using ACE or CBP’s search tool at https://trade.cbp.dhs.gov/ace/adcvd/adcvd-public/#.

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 Kim Wachtel at [email protected].
Sincerely,

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