The tariff classification of over-the-door iron slotted bars with iron hooks, plastic slotted bar and plastic hook assemblies, plastic sock organizers and an LED tap light from China

N119816 September 16, 2010 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5600; 8302.50.0000; 9405.40.8000 Ms. Janet Pendris Hampton Direct P.O. Box 1199 Williston, VT 05495 RE: The tariff classification of over-the-door iron slotted bars with iron hooks, plastic slotted bar and plastic hook assemblies, plastic sock organizers and an LED tap light from China Dear Ms. Pendris: In your letter dated August 16, 2010, you requested a tariff classification ruling. The submitted sample is identified as an Over-the-Door Wonder Hanger Main Offer (Metal Version), Item# 74436. This item consists of the following four articles: 1) Over-the-Door Wonder Hanger Platinum Deluxe Set (Metal Version) – This article is comprised of a flat bar and a hook that are made of chrome-plated iron. Each bar measures approximately 9½" in length by ¼" in width by 1¼" in height and each bar has five cutout sections from which five clothes hangers (not included) can be respectively hung. The bar is attached to a chrome-plated iron part by means of a hinge. That part, in turn, has a groove that is located on the outer side that is opposite the side that is attached to the bar. The groove is designed to slide onto two projections that are located on the outer surface of one of the sides of the hook. The hook is designed to be placed over a door. The bar can be locked into place so that it stands at a perpendicular angle from the door. However, in order to save space, the bar can be unlocked by shifting it, thereby allowing it to hang parallel to the door, by means of the hinge. Each of the hooks consists of a strip of iron that is bent into three sides. The two outer sides are parallel to each other and each measures 2¾" in length. The middle side is perpendicular to the two outer sides and measures 1¾" in length. Located on the inside surface of each of the two outer sides are two respective protective stickers that are each made of fleece material and are designed to protect the door over which the hook will be placed from scratches. Included with this article is a separate plastic bracket which is called a spacer. The spacer is designed to slide onto or off of one of the outer sides of the hook, thereby enabling the hook to be adjusted to fit doors of different widths. 2) Wonder Hangers – This article consists of four assemblies. Each assembly consists of a flat bar made of PS and two hooks made of acrylonitrile-butadiene-styrene (ABS) plastic material. Each bar has two apertures, one on each end. One hook can be pushed through each aperture respectively, until the hook locks in place. Therefore, when assembled, each bar will have two hooks from which it can be hung horizontally in a closet. Each bar has five cutout sections from which five clothes hangers (not included) can be respectively hung. If so desired, one of the hooks can be removed so that the bar can hang vertically. In this scenario, articles of clothing will be hung from hangers one under another rather than alongside each other, thereby saving closet space. Each bar measures approximately 9½" long by ¼" wide by 1" high. 3) Sock Organizer – This article consists of eight sections that are made of PS and are designed to snap together to form a honeycomb design that has sixteen hexagonal shaped compartments. Each compartment is completely open on the top and on the bottom. When assembled, it measures approximately 14” wide by 14” long by 2¾” in height. This article is designed to be placed in a drawer and used as an organizer for socks and other small items. 4) Ultrabright 5-LED Light – This article is a battery-operated tap light lamp in an oblong plastic housing measuring approximately 5.75 inches long by 1.5 inches wide by 1 inch high at its widest points. It features 5 recessed light emitting diode (LED) bulbs and reflectors under a clear plastic lens. The lights are illuminated by depressing the lens. Adhesive-backed hook-and-loop tape allows the Ultrabright 5-LED Light to be mounted on any flat surface. As you requested, the samples will be returned to you. The Explanatory Notes to the Harmonized Commodity Description and Coding System (ENs), although not legally binding, are the official interpretation of the tariff at the international level. In applying the provisions of the Harmonized Tariff Schedule of the United States (HTSUS), Customs will look to the ENs for guidance. In determining whether two or more articles imported together constitute a “set put up for retail sale” and are, therefore, classifiable under a single tariff provision, Explanatory Note X for General Rule of Interpretation (GRI) 3(b) provides the criteria as to whether the goods: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or 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. In this case, the subject articles meet criteria (a) and (c) but do not meet criteria (b). A paper insert that is included with the Ultrabright 5-LED Light states that this item can be used in closets, drawers, cars, garages, cabinets, hallways, kids rooms, purses, offices and under sinks. Therefore, the Ultrabright 5-LED Light is not put up together with the rest of the articles of this item to meet a particular need or carry out a specific activity. Consequently, all articles of this item must be classified separately. The applicable subheading for the Over-the-Door Wonder Hanger Platinum Deluxe Set (Metal Version) will be 8302.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal hat-racks, hat pegs, brackets and similar fixtures, and parts thereof. The rate of duty will be free. The applicable subheading for the Wonder Hangers and the Sock Organizers will be 3924.90.5600, HTSUS, 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 Ultrabright 5-LED Light will be 9405.40.8000, HTSUS, which provides for lamps and lighting fittings…not elsewhere specified or included: other electric lamps and lighting fittings: other. The general rate of duty will be 3.9 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