The tariff classification of a cutting board made of bamboo, starch and resin from China
Issued February 15, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3924.10.4000
Headings: 3924
Product description
The submitted sample is identified as a cutting board. It is made predominately of bamboo fiber powder, with lesser amounts of vegetable starch and a resin binder. The powder is formed by a compression molding process, heat set and then sealed with a protective coating. It features a groove around the perimeter of the item and a handle with a round aperture to facilitate hanging. The item is flat, brown in color and measures approximately 11” in length, including the handle, by 6¼” in width. As you requested, the sample will be returned to you. Plastic may consist of unplasticised materials which become plastic in the molding and curing process, or of materials to which plasticisers have been added. These materials may incorporate fillers that are made of wood flour, cellulose, textile fibers, mineral substances, starch, etc. In the instant item, the resin binder, which is a plastic, provides shape and form to the bamboo fiber powder and animal starch, thereby allowing it to function as a cutting board. Therefore, this office considers the bamboo fiber powder and the animal starch to be filler and the cutting board is considered to be made of plastic.
CBP rationale
The applicable subheading for the cutting board will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware…of plastics: tableware and kitchenware: other.
Full text
N201536 February 15, 2012 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Kay Morrell JCPenney Purchasing Corporation 6501 Legacy Drive MS 2316 Plano, TX 75024 RE: The tariff classification of a cutting board made of bamboo, starch and resin from China Dear Ms. Morrell: In your letter dated January 18, 2012, you requested a tariff classification ruling. The submitted sample is identified as a cutting board. It is made predominately of bamboo fiber powder, with lesser amounts of vegetable starch and a resin binder. The powder is formed by a compression molding process, heat set and then sealed with a protective coating. It features a groove around the perimeter of the item and a handle with a round aperture to facilitate hanging. The item is flat, brown in color and measures approximately 11” in length, including the handle, by 6¼” in width. As you requested, the sample will be returned to you. Plastic may consist of unplasticised materials which become plastic in the molding and curing process, or of materials to which plasticisers have been added. These materials may incorporate fillers that are made of wood flour, cellulose, textile fibers, mineral substances, starch, etc. In the instant item, the resin binder, which is a plastic, provides shape and form to the bamboo fiber powder and animal starch, thereby allowing it to function as a cutting board. Therefore, this office considers the bamboo fiber powder and the animal starch to be filler and the cutting board is considered to be made of plastic. The applicable subheading for the cutting board will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware…of plastics: tableware and kitchenware: 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, Thomas J. Russo Director National Commodity Specialist Division
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