The tariff classification of Peppermint Twist Trees from China
Issued June 17, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3926.40.0000
Headings: 3926
Product description
The “The Peppermint Twist Trees” (QVC Item Number H192497) are packaged two to a set. The trees stand 10 inches in height and are composed of a molded flexible plastic designed to look like striped taffy candy shaped to form a decorative tree for display in the home. Although you described the product as being composed of 55 percent resin, 42 percent clay starch and 3 percent paraffin, analysis of the sample conducted by the U.S. Customs and Border Protection laboratory found that it is composed of 91.73 percent by weight of polyvinyl chloride plastic and approximately 8.27 percent by weight of mineral fillers such as silicates and oxides. The analysis has found that the agglomerated constituents are uniformly distributed. The sample was destroyed in the laboratory analysis.
CBP rationale
The applicable subheading for the Peppermint Twist Trees will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…statuettes and other ornamental articles.
Full text
N161518 June 17, 2011 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.40.0000 Ms. Bernadette Purcell QVC, Inc. Studio Park 1200 Wilson Drive West Chester, PA 19380-4262 RE: The tariff classification of Peppermint Twist Trees from China Dear Ms. Purcell: In your letter dated April 18, 2011, you requested a tariff classification ruling. A sample was provided with your letter. The “The Peppermint Twist Trees” (QVC Item Number H192497) are packaged two to a set. The trees stand 10 inches in height and are composed of a molded flexible plastic designed to look like striped taffy candy shaped to form a decorative tree for display in the home. Although you described the product as being composed of 55 percent resin, 42 percent clay starch and 3 percent paraffin, analysis of the sample conducted by the U.S. Customs and Border Protection laboratory found that it is composed of 91.73 percent by weight of polyvinyl chloride plastic and approximately 8.27 percent by weight of mineral fillers such as silicates and oxides. The analysis has found that the agglomerated constituents are uniformly distributed. The sample was destroyed in the laboratory analysis. The applicable subheading for the Peppermint Twist Trees will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…statuettes and other ornamental articles. The rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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