The tariff classification of a writing board with LEDs and a marker from China
Issued April 16, 2010 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9610.00.0000
Headings: 9610
GRI rules applied: GRI 3(b)
Product description
The submitted illustration depicts an item that is identified as an LED Writing Board. This item is a board made of polymethyl methacrylate (PMMA) plastic material that is imported with a marker that uses water soluble ink and appears to be porous-tipped. The marker is designed to write or draw on the board and marks made on the board with the marker can be erased with the 12” x 12” towel that is included with the importation. The board can also be erased using any clean cloth or tissue paper. The board incorporates internal multi-color LEDs which can be powered on or off. The LEDs are designed to illuminate the letters and drawings that are created on the front surface of the board with the marker. This item is designed for the purpose of advertising and can be used in restaurants, bars, hotels, stores, stations, supermarkets, parking lots, companies, schools or churches. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The board will provide a writing surface even when the LEDs are powered off. The marker and the towel are mere adjuncts to the board. The marker is intended for use on the board and the towel enables mistaken marks or marks that are no longer useful to be eliminated. Therefore, it is the opinion of this office that the writing and drawing surface of the board provides this item with the essential character within the meaning of GRI 3(b).
CBP rationale
The applicable subheading for LED Writing Board will be 9610.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for slates and boards, with writing or drawing surfaces, whether or not framed.
Full text
N098079 April 16, 2010 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9610.00.0000 Ms. Elizabeth Mendez Continental Lighting Ind., Inc. 6833 W. Sam Houston Pkwy, S. #203 Houston, TX 77072 RE: The tariff classification of a writing board with LEDs and a marker from China Dear Ms. Mendez: In your letter dated March 17, 2010, you requested a tariff classification ruling. The submitted illustration depicts an item that is identified as an LED Writing Board. This item is a board made of polymethyl methacrylate (PMMA) plastic material that is imported with a marker that uses water soluble ink and appears to be porous-tipped. The marker is designed to write or draw on the board and marks made on the board with the marker can be erased with the 12” x 12” towel that is included with the importation. The board can also be erased using any clean cloth or tissue paper. The board incorporates internal multi-color LEDs which can be powered on or off. The LEDs are designed to illuminate the letters and drawings that are created on the front surface of the board with the marker. This item is designed for the purpose of advertising and can be used in restaurants, bars, hotels, stores, stations, supermarkets, parking lots, companies, schools or churches. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The board will provide a writing surface even when the LEDs are powered off. The marker and the towel are mere adjuncts to the board. The marker is intended for use on the board and the towel enables mistaken marks or marks that are no longer useful to be eliminated. Therefore, it is the opinion of this office that the writing and drawing surface of the board provides this item with the essential character within the meaning of GRI 3(b). The applicable subheading for LED Writing Board will be 9610.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for slates and boards, with writing or drawing surfaces, whether or not framed. The rate of duty will be 3.5 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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