The tariff classification of a baby’s plastic and textile sleep positioner from China
Issued December 16, 2009 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3924.90.5600
Headings: 3924
GRI rules applied: GRI 3
Product description
The submitted sample is identified as an Airflow Sleep Positioner, Item# Y4064. This item is comprised of two rounded oblong shaped molded plastic frames that are each hollow. Each of the plastic frames is opened at both of the opposing ends and each opened end is covered with a mesh that is made of knitted fabric. The plastic frames are each covered with a knitted fabric and there is a thin layer of foam plastic material in between the fabric and the frames. Each of the two frames measures approximately 7” long by 3” wide by 4¼” high and each has an attached strip that measures approximately 5¼” in width. The two strips connect to each other by means of hook and loop fasteners, thereby connecting the plastic frames. This item is designed to be used in a crib. When in use, the baby is positioned in between the two plastic frames and on top of the strips that extend from the two respective frames and which are attached to each other by means of the hook and loop fasteners. When the baby grows, the distance between the plastic frames can be adjusted to accommodate a larger size, by unhooking the fasteners and realigning them at a farther distance. The mesh covered opened ends of the plastic frames are designed to allow air to circulate around the baby. As you requested, the sample will be returned to you. This item is considered to be a composite good within the meaning of General Rule of Interpretation 3. The baby is held in place by the molded plastic frames. The fabric serves the subordinate role of providing more comfort to the baby and enabling the attaching of the two frames together at adjustable distances. Therefore it is the opinion of this office that the molded plastic frames provide this item with the essential character within the meaning of GRI 3 (b).
Full text
N084301 December 16, 2009 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5600 Michael Koseck E. Besler & Co. 115 Martin Lane Elk Grove Village, IL 60007 RE: The tariff classification of a baby’s plastic and textile sleep positioner from China Dear Mr. Koseck: In your letter dated November 6, 2009, on behalf of Learning Curve Brands, you requested a tariff classification ruling. The submitted sample is identified as an Airflow Sleep Positioner, Item# Y4064. This item is comprised of two rounded oblong shaped molded plastic frames that are each hollow. Each of the plastic frames is opened at both of the opposing ends and each opened end is covered with a mesh that is made of knitted fabric. The plastic frames are each covered with a knitted fabric and there is a thin layer of foam plastic material in between the fabric and the frames. Each of the two frames measures approximately 7” long by 3” wide by 4¼” high and each has an attached strip that measures approximately 5¼” in width. The two strips connect to each other by means of hook and loop fasteners, thereby connecting the plastic frames. This item is designed to be used in a crib. When in use, the baby is positioned in between the two plastic frames and on top of the strips that extend from the two respective frames and which are attached to each other by means of the hook and loop fasteners. When the baby grows, the distance between the plastic frames can be adjusted to accommodate a larger size, by unhooking the fasteners and realigning them at a farther distance. The mesh covered opened ends of the plastic frames are designed to allow air to circulate around the baby. As you requested, the sample will be returned to you. This item is considered to be a composite good within the meaning of General Rule of Interpretation 3. The baby is held in place by the molded plastic frames. The fabric serves the subordinate role of providing more comfort to the baby and enabling the attaching of the two frames together at adjustable distances. Therefore it is the opinion of this office that the molded plastic frames provide this item with the essential character within the meaning of GRI 3 (b). The applicable subheading for Item# Y4064 will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…other household articles …of plastics: other; other. The rate of duty will be 3.4 percent ad valorem. 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 on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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