The tariff classification of a drain hair catcher from China

N308745 January 10, 2020 CLA-2-39:OT:RR:NC:4:434 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Mr. Mathew Samuel Excite USA 4393 Sunbelt Drive Addison, TX 75001 RE: The tariff classification of a drain hair catcher from China Dear Mr. Samuel: In your letter, dated December 13, 2019, you requested a tariff classification ruling. A product description and sample were provided for review. Item# 8-46145-03322-6 is described as a “plastic hair catcher.” It is designed to fit over the drain in a shower or tub to trap loose hair and prevent clogs. Constructed of 100% plastic, it is round, measures approximately 5” in diameter and has holes throughout for water to flow freely through while straining out hair or the like. You propose classification in either subheading 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), as household articles of plastic, or, alternatively, in 3926.90.9990, HTSUS, as other articles of plastic, or 3923.50.0000, HTSUS, as a stopper of plastic. Because the catcher does not completely stop the water, but allows water to flow through, it is not considered a stopper of 3923, HTSUS. We agree that the drain hair catcher is a household use article of plastic. Therefore, the applicable subheading for the catcher will be 3924.90.5650, HTSUS, which provides for “…other household articles and hygienic or toilet 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 the World Wide Web at https://hts.usitc.gov/current. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3924.90.5650, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, 9903.88.15, in addition to subheading 3924.90.5650, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 Charlene Miller at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division