The tariff classification of a hockey visor replacement kit from China

N293055 January 12, 2018 CLA-2-73:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 7318.15.4000 Mr. Christophe Beauregard CCM Hockey U.S., Inc. 3400 Raymond Lasnier Street Montreal, QC H4R 3L3 CANADA RE: The tariff classification of a hockey visor replacement kit from China Dear Mr. Beauregard: In your letter dated December 21, 2017 you requested a tariff classification ruling. The submitted sample was examined and will be retained in this office. The article under consideration is described as a hockey visor replacement kit (VRSPAC). The set is comprised of four stainless steel machine screws (two of which measure approximately 21.58mm in length and 4.00mm in diameter; and two of which measure approximately 18.67mm in length and 4.00mm in diameter), two metal fastening bars (which measure approximately 24.93mm in length and 12.75mm in width), and two plastic spacer pieces (which measure approximately 25.45mm in length and 11.20mm in width). The pieces are packaged together as a set for retail sale. The set will be used to affix a clear hockey face protector, or visor, to a hockey helmet. The Explanatory Notes to the Harmonized Tariff System of the United States (HTSUS) provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of 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. Goods classifiable under GRI 3(b) are 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. This office considers the subject hockey visor replacement kit to be a set for tariff classification purposes. The stainless steel machine screws, which constitute 52% of the value and 49% of the weight, impart the essential character to the set. You had proposed a classification of 9506.99.2580, HTSUS, as parts and accessories of hockey equipment. However, as noted above, this article was determined to be a set as per GRI 3(b), and it was determined that the screws imparted the essential character. The screws are classified in heading 7318, HTSUS. Section XV, Note 2(a) states that articles of heading 7318 are “parts of general use.” Chapter 95 note 1(k) excludes parts of general use. Therefore, this hockey visor replacement kit is excluded from classification in Chapter 95. The applicable subheading for the hockey visor replacement kit will be 7318.15.4000, HTSUS, which provides for Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other screws and bolts, whether or not with their nuts or washers: Machine screws 9.5 mm or more in length and 3.2 mm or more in diameter (not including cap screws). The rate of duty will be free. 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 https://hts.usitc.gov/current. 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 Jennifer Jameson at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division