The tariff classification of a mist spray bottle from China

 N316683 January 7, 2021 CLA-2-96:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 9616.10.0000; 9903.88.15 Mr. JP Manfrinato TangleTeezer Inc. 1403 East 11th Avenue Hutchinson, Kansas 67501 RE: The tariff classification of a mist spray bottle from China Dear Mr. Manfrinato: In your letter dated December 30, 2020, you requested a tariff classification ruling for a spray bottle. Pictures, diagrams and a materials test report for the subject bottles were submitted for our review. The item under consideration is identified as the TangleTeezer Inc. Continuous Mist Spray Bottle. You indicated that the item consists of “a refillable polyethylene terephthalate (PET) bottle along with a spray piston device comprised of polypropylene and PET. The bottle is used as a reservoir and the piston spray is used to eject the liquid.” The bottle has a volume capacity of 300 milliliters/10 ounces and will be imported empty. You stated that the subject bottle will be filled with scented haircare products after importation. The applicable subheading for the TangleTeezer Inc. Continuous Mist Spray Bottle will be 9616.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for scent sprayers and similar toilet sprayers, and mounts and heads therefor. 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 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 9616.10.0000, HTSUS, unless specifically excluded, are subject to an additional 7.5 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 9616.10.0000, 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 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 Ann Taub at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division