CLA-2-68:OT:RR:NC:N1:128
Danny Yuen
8LP LP
1543 Sloat Boulevard
San Francisco, CA 94132
RE: The tariff classification of clamshell-style food containers from China.
Dear Mr. Yuen:
In your letter dated July 10, 2025, you requested a tariff classification ruling.
The merchandise under consideration are four clamshell-style containers denoted as item numbers TC-61,
TC-81, TC-91, and TC-96. From the information you provided, TC-61 measures 6 inches long by 6 inches
wide by 2.75 inches high; TC-81 measures 8 inches long by 8 inches wide by 2.75 inches high; TC-91
measures 9 inches long by 9 inches wide by 2.75 inches high; and TC-96 measures 9 inches long by 6 inches
wide by 2.75 inches high. They all consist of a blend of 60% natural talc and 40% polypropylene by weight,
and are designed to hold food for delivery, takeout, and similar services.
The TC-61, TC-81, TC-91, and TC-96 containers are constructed of different materials that are classifiable in
different headings. The classification of merchandise under the Harmonized Tariff Schedule of the United
States (HTSUS) is governed by the General Rules of Interpretation (GRIs), taken in order. GRI 1 requires
that classification be determined according to the terms of the headings and any relative section or chapter
notes. In the event that goods cannot be classified solely on the basis of GRI 1, and if the heading and legal
notes do not otherwise require the remaining GRIs will be applied, in the order of their appearance. GRI 3(b)
provides, in relevant part, that composite goods which cannot be classified by reference to GRI 3(a) shall be
classified as if they consisted of the material or component which gives them their essential character. The
talc component provides the essential character of these containers.
The applicable subheading for the clamshell-style containers, item numbers TC-61, TC-81, TC-91, and
TC-96, will be 6815.99.4170, HTSUS, which provides for “Articles of stone or of other mineral
substances…not elsewhere specified or included: Other articles: Other: Other: Other.” The general 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 subheading 6815.99.4170, 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
6815.99.4170, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 6815.99.4170, 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 6815.99.4170, 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 Nicole Sullivan at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division