L86224 L8 Ruling Active

The tariff classification of Butterfly Tie-Ons from China

Issued July 20, 2005 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8306.29.0000

Headings: 8306

GRI rules applied: GRI 3(b), GRI 3(c)

Product description

They are sold in pairs and are intended to be used as gift wrapping accents, and may also be used as table decorations. The frame and antenna of each butterfly is made of gold colored, iron wire. The wings are covered with sheer polyester fabric and decorated with acrylic beads and glitter. The body of the butterfly is made of acrylic beads strung together with wire. A gold string on the back of the butterfly provides the tie-on function. Since the butterfly tie-on is composed of several materials that are classifiable under different headings, it is determined to be a composite good and must be classified according to the principles of General Rules of Interpretation (GRI)3. GRI 3(b) provides that composite goods, consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component that gives them their essential character. After reviewing the material breakdown by weight and value and the role of each component in relation to the good, it is the opinion of this office that the butterfly tie-on does not have an essential character. Therefore, classification will be in accordance with GRI 3(c), which requires, in part, that the item be classified in the heading which occurs last in numerical order among those which merit equal consideration

CBP rationale

The applicable subheading for the butterfly tie-on will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for bells, gongs and the like, nonelectric, of base metal…statuettes and other ornaments, and parts thereof, other.

Full text

NY L86224 July 20, 2005 CLA-2-83:RR:NC:N1:121 L86224 CATEGORY: Classification TARIFF NO.: 8306.29.0000 Ms. Susan Lyons Pier 1 Imports (U.S.), Inc. 100 Pier 1 Place, Level 16 Fort Worth, TX 76161 RE: The tariff classification of Butterfly Tie-Ons from China Dear Ms. Lyons: In your letter dated June 29, 2005, you requested a tariff classification ruling. The sample you submitted, which will be retained by this office, is a package of two butterfly tie-ons. They are sold in pairs and are intended to be used as gift wrapping accents, and may also be used as table decorations. The frame and antenna of each butterfly is made of gold colored, iron wire. The wings are covered with sheer polyester fabric and decorated with acrylic beads and glitter. The body of the butterfly is made of acrylic beads strung together with wire. A gold string on the back of the butterfly provides the tie-on function. Since the butterfly tie-on is composed of several materials that are classifiable under different headings, it is determined to be a composite good and must be classified according to the principles of General Rules of Interpretation (GRI)3. GRI 3(b) provides that composite goods, consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component that gives them their essential character. After reviewing the material breakdown by weight and value and the role of each component in relation to the good, it is the opinion of this office that the butterfly tie-on does not have an essential character. Therefore, classification will be in accordance with GRI 3(c), which requires, in part, that the item be classified in the heading which occurs last in numerical order among those which merit equal consideration The applicable subheading for the butterfly tie-on will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for bells, gongs and the like, nonelectric, of base metal…statuettes and other ornaments, and parts thereof, other. The rate of duty will be free. 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 Barbara Kaiser at 646-733-3024. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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