The tariff classification of a plastic eyeglass keeper from China
Issued November 1, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3924.90.5650
Headings: 3924
GRI rules applied: GRI 3(b)
Product description
The submitted sample is identified as an Illuma-Keep motion activated eyeglass case. This item is a lidded box, ninety-eight percent of which is made of plastic, with a thin felt lining and is marketed as an eyeglass keeper. However, dentures or other small items can also be kept in the box. This item is imported with an AC adapter and has a battery option but batteries will not be included in the importation. It is designed to sit on a night stand. When a person waves his or her hand over it, the lid opens and a small light emitting diode (LED) illuminates to enable the person to retrieve the eyeglasses that will be kept inside. The box is not designed to be portable or for travel use as the lid does not have a latch on it to secure the closure. The purpose of this item is to make it easier for people to find their glasses in the middle of the night without having to turn on a lamp or search for them. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The primary role of the plastic box is to store eyeglasses or other small articles in a bedroom. This role is performed even if the item is not connected to a power source, in which case the lid can be opened manually. The thin felt lining performs the subordinate role of providing extra protection to the eyeglasses that will be stored within. Therefore, it is the opinion of this office that the plastic box provides this item with the essential character within the meaning of GRI 3(b).
CBP rationale
The applicable subheading for the Illuma-Keep motion activated eyeglass case will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastic: other: other…other.
Full text
N233916 November 1, 2012 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Ms. Lisa M. Madrid Madrid Trade Compliance, LLC P.O. Box 337 Itasca, IL 60143 RE: The tariff classification of a plastic eyeglass keeper from China Dear Ms. Madrid: In your letter dated October 2, 2012, on behalf of S&D Innovations, LLC/Emanon Production, LLC, you requested a tariff classification ruling. The submitted sample is identified as an Illuma-Keep motion activated eyeglass case. This item is a lidded box, ninety-eight percent of which is made of plastic, with a thin felt lining and is marketed as an eyeglass keeper. However, dentures or other small items can also be kept in the box. This item is imported with an AC adapter and has a battery option but batteries will not be included in the importation. It is designed to sit on a night stand. When a person waves his or her hand over it, the lid opens and a small light emitting diode (LED) illuminates to enable the person to retrieve the eyeglasses that will be kept inside. The box is not designed to be portable or for travel use as the lid does not have a latch on it to secure the closure. The purpose of this item is to make it easier for people to find their glasses in the middle of the night without having to turn on a lamp or search for them. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The primary role of the plastic box is to store eyeglasses or other small articles in a bedroom. This role is performed even if the item is not connected to a power source, in which case the lid can be opened manually. The thin felt lining performs the subordinate role of providing extra protection to the eyeglasses that will be stored within. Therefore, it is the opinion of this office that the plastic box provides this item with the essential character within the meaning of GRI 3(b). The applicable subheading for the Illuma-Keep motion activated eyeglass case will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastic: other: other…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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