N233554 N2 Ruling Active

The tariff classification of the “Paunch Protector” from China

Issued October 10, 2012 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3926.90.9980

Headings: 3926

GRI rules applied: GRI 3(b)

Product description

A picture was provided with your letter. The Paunch Protector serves as a shield to prevent the butt of a fishing rod from irritating or injuring a person when fishing. The Paunch Protector consists of a polypropylene plastic shield attached to the front of a nylon belt designed to be worn around the waist. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs). GRI 3(b) provides that composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The plastic shield or protector provides the protection, while the nylon belt is used only to secure the shield to the person. The essential character of the Paunch Protector is imparted by the plastic shield or protector.

CBP rationale

The applicable subheading for the Paunch Protector will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other.

Full text

N233554 October 10, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980 Ms. Lisa J. Perrier Superior Brokerage Services 1700 Wynne Avenue St. Paul, MN 55108 RE: The tariff classification of the “Paunch Protector” from China Dear Ms. Perrier: In your letter dated September 21, 2012, on behalf of Jerald Ray Stoker, you requested a tariff classification ruling. A picture was provided with your letter. The Paunch Protector serves as a shield to prevent the butt of a fishing rod from irritating or injuring a person when fishing. The Paunch Protector consists of a polypropylene plastic shield attached to the front of a nylon belt designed to be worn around the waist. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs). GRI 3(b) provides that composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The plastic shield or protector provides the protection, while the nylon belt is used only to secure the shield to the person. The essential character of the Paunch Protector is imparted by the plastic shield or protector. The applicable subheading for the Paunch Protector will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. 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, Thomas J. Russo Director National Commodity Specialist Division

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