The tariff classification of “Pre-Moistened Glass & Lens Wipes” from China

N309230 February 14, 2020 CLA-2-34:OT:RR:NC:N1:136 CATEGORY: Classification TARIFF NO.: 3401.19.0000; 9903.88.15 Mathew Samuel Excite 4393 Sunbelt Drive Addison, TX 75001 RE: The tariff classification of “Pre-Moistened Glass & Lens Wipes” from China Dear Mr. Samuel: In your ruling request received January 24, 2020, you requested a tariff classification ruling on “Pre-Moistened Glass & Lens Wipes.” Your submitted sample has been reviewed and will be returned as requested. Your submission identifies the subject product as Item # 02771. You state that the product at issue is a retail packaged, 5.5” x 5.3” pre-moistened paper wipe, intended to be used for cleaning eyeglass lenses, screens, phones, etc. The wipe is impregnated with a mixture of substances including a cleaning detergent. You suggest classification in subheading 4818.20.0040, Harmonized Tariff Schedule of the United States (HTSUS), or 3402.20.5100, HTSUS; however, we have determined that both of the suggested classifications are incorrect, because a more specific provision exists for the subject product. The applicable subheading for “Pre-Moistened Glass & Lens Wipes” will be 3401.19.0000, HTSUS, which provides for Soap and organic surface-active products and preparations, in the form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Other. The general rate of duty will be free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3401.19.0000, HTSUS, unless specifically excluded, is subject to an additional 15 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3401.19.0000, 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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act (FPLA), and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division