L86916 L8 Ruling Active

The tariff classification of a Dry Erase Board with Marker from China

Issued August 18, 2005 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9610.00.0000

Headings: 9610

GRI rules applied: GRI 1, GRI 3

Product description

You submitted descriptive literature and a product sample with your request. The subject merchandise is described as a Dry Erase Board, no style number shown. The product is composed of a paper board, a polypropylene frame, a marker, and 2 magnetic strips on the back of the board that allows it to attach to metal surfaces such as a locker door or wall. The sample will be returned, as requested by your office. The Dry Erase Board with Marker is considered a set for tariff purposes. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as the basis of classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. You have suggested classification in subheading 4911.91.2040, HTS, which provides for certain printed pictures. While the front of this product is ornamented with a small picture located at the lower right corner, the picture is not its principal feature. The item is primarily a blank writing board of a kind specifically provided for in another tariff heading (Chapter 96 of the HTS). Noting GRI-3 (b), the component that gives the Dry Erase Board with Marker its essential character would dictate the classification of the product. The Dry Erase Board portion of the set imports the essential character to the item.

CBP rationale

The applicable subheading for the Dry Erase Board with Marker, no style number indicated, will be 9610.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for slates and boards, with writing or drawing surfaces, whether or not framed.

Full text

NY L86916 August 18, 2005 CLA-2-96:RR:NC:2:224 L86916 CATEGORY: Classification TARIFF NO.: 9610.00.0000 Ms. Karen Cecca-Capillo Exel Global Logistics 150 Eastern Avenue Chelsea, MA 02150 RE: The tariff classification of a Dry Erase Board with Marker from China Dear Ms. Cecca-Capillo: In your letter dated August 10, 2005, you requested a tariff classification ruling, on behalf of Leapyear Publishing LLC, your client. You submitted descriptive literature and a product sample with your request. The subject merchandise is described as a Dry Erase Board, no style number shown. The product is composed of a paper board, a polypropylene frame, a marker, and 2 magnetic strips on the back of the board that allows it to attach to metal surfaces such as a locker door or wall. The sample will be returned, as requested by your office. The Dry Erase Board with Marker is considered a set for tariff purposes. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as the basis of classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. You have suggested classification in subheading 4911.91.2040, HTS, which provides for certain printed pictures. While the front of this product is ornamented with a small picture located at the lower right corner, the picture is not its principal feature. The item is primarily a blank writing board of a kind specifically provided for in another tariff heading (Chapter 96 of the HTS). Noting GRI-3 (b), the component that gives the Dry Erase Board with Marker its essential character would dictate the classification of the product. The Dry Erase Board portion of the set imports the essential character to the item. The applicable subheading for the Dry Erase Board with Marker, no style number indicated, will be 9610.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for slates and boards, with writing or drawing surfaces, whether or not framed. The rate of duty will be 3.5% 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 Tom McKenna at (646) 733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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