The tariff classification of diaries, photo frames, a trinket box, a bracelet, a ring, mirrors with key chains, ID tags, a brush and a comb from China.
Issued June 18, 2002 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 6307.90.9889, 3924.90.5500, 4820.10.2010, 7009.92.1000, 9615.11.3000, 9603.29.8010, 4821.10.2000, 9603.29.4010, 9615.11.1000, 7117.90.5500, 7117.90.7500
Headings: 9603, 7009, 7117, 4821, 6307, 9615, 4820, 3924
GRI rules applied: GRI 3(b)
Product description
The submitted sample is referred to as “Gift Set with Diary – 2 Styles.” The item is a two-style assortment. The first style contains one each of the following: faux fur covered diary faux fur covered photo frame faux fur covered plastic trinket box plastic beaded bracelet plastic ring plastic framed glass mirror with key chain paper ID tag The second style contains one each of the following: faux fur covered diary faux fur covered photo frame plastic hairbrush plastic comb plastic framed glass mirror with key chain paper ID tag The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. The “Gift Set with Diary – 2 Styles” are not considered to be sets for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately.
CBP rationale
The applicable subheading for the diaries will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for diaries and address books of paper or paperboard. The applicable subheading for the photo frames will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The applicable subheading for the trinket box will be 3924.90.5500, HTS, which provides for …other household articles…of plastics, other, other. The applicable subheading for the bracelet and the ring, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, HTS, which provides for imitation jewelry: other: other: valued not over 20 cents per dozen pieces or parts: other. The applicable subheading for the bracelet and the ring, if valued over 20 cents per dozen pieces or parts, will be 7117.90.7500, HTS, which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics. The applicable subheading for the mirrors with keychains will be 7009.92.1000, HTS, which provides for glass mirrors…framed: not over 926 cm² in reflecting area. The applicable subheading for the ID tags will be 4821.10.2000, HTS, which provides for paper and paperboard labels, printed in whole or in part by a lithograph process. The applicable subheading for the hairbrush, if valued not over 40 cents each, will be 9603.29.4010, HTS, which provides for hairbrushes valued not over 40 cents each. The applicable subheading for the hairbrush, if valued over 40 cents each, will be 9603.29.8010, HTS, which provides for hairbrushes valued over 40 cents each. The applicable subheading for the comb, if valued not over $4.50 per gross, will be 9615.11.1000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued not over $4. The applicable subheading for the comb, if valued over $4.50 per gross, will be 9615.11.3000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued over $4.
Full text
NY I82540 June 18, 2002 CLA-2-96:RR:NC:SP:233 I82540 CATEGORY: Classification TARIFF NO.: 4820.10.2010; 6307.90.9889; 3924.90.5500; 7117.90.5500; 7117.90.7500; 7009.92.1000; 4821.10.2000; 9603.29.4010; 9603.29.8010; 9615.11.1000; 9615.11.3000 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of diaries, photo frames, a trinket box, a bracelet, a ring, mirrors with key chains, ID tags, a brush and a comb from China. Dear Ms. Aldinger: In your letter dated May 14, 2002, you requested a tariff classification ruling. The submitted sample is referred to as “Gift Set with Diary – 2 Styles.” The item is a two-style assortment. The first style contains one each of the following: faux fur covered diary faux fur covered photo frame faux fur covered plastic trinket box plastic beaded bracelet plastic ring plastic framed glass mirror with key chain paper ID tag The second style contains one each of the following: faux fur covered diary faux fur covered photo frame plastic hairbrush plastic comb plastic framed glass mirror with key chain paper ID tag The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. The “Gift Set with Diary – 2 Styles” are not considered to be sets for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately. The applicable subheading for the diaries will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for diaries and address books of paper or paperboard. The rate of duty will be 0.8 percent ad valorem. The applicable subheading for the photo frames will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The rate of duty will be 7 percent ad valorem. The applicable subheading for the trinket box will be 3924.90.5500, HTS, which provides for …other household articles…of plastics, other, other. The rate of duty will be 3.4 percent ad valorem. The applicable subheading for the bracelet and the ring, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, HTS, which provides for imitation jewelry: other: other: valued not over 20 cents per dozen pieces or parts: other. The rate of duty will be 7.2 percent ad valorem. The applicable subheading for the bracelet and the ring, if valued over 20 cents per dozen pieces or parts, will be 7117.90.7500, HTS, 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. The applicable subheading for the mirrors with keychains will be 7009.92.1000, HTS, which provides for glass mirrors…framed: not over 926 cm² in reflecting area. The rate of duty will be 7.8 percent ad valorem. The applicable subheading for the ID tags will be 4821.10.2000, HTS, which provides for paper and paperboard labels, printed in whole or in part by a lithograph process. The rate of duty will be 1.8 cents per kg. The applicable subheading for the hairbrush, if valued not over 40 cents each, will be 9603.29.4010, HTS, which provides for hairbrushes valued not over 40 cents each. The rate of duty will be 0.2 cents each plus 7 percent ad valorem. The applicable subheading for the hairbrush, if valued over 40 cents each, will be 9603.29.8010, HTS, which provides for hairbrushes valued over 40 cents each. The rate of duty will be 0.3 cents each plus 3.6 percent ad valorem. The applicable subheading for the comb, if valued not over $4.50 per gross, will be 9615.11.1000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued not over $4.50 per gross. The rate of duty will be 14.4 cent per gross plus 2 percent ad valorem. The applicable subheading for the comb, if valued over $4.50 per gross, will be 9615.11.3000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued over $4.50 per gross: other. The rate of duty will be 28.8 cents per gross plus 4.6 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Lawrence Mushinske at 646-733-3036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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