The tariff classification of “3525-SPRAY-CHALK-CAN-ART” from China

N320027 July 12, 2021 CLA-2-32:OT:RR:NC:N1:136 CATEGORY: Classification TARIFF NO.: 3213.90.0000; 9903.88.03 Joann Mosqueda JA-RU INC. 12901 Flagler Center Blvd. Jacksonville, Fl 32258 RE: The tariff classification of “3525-SPRAY-CHALK-CAN-ART” from China Dear Ms. Mosqueda: In your letter dated June 15, 2021, you requested a tariff classification ruling on “3525-SPRAY-CHALK-CAN-ART.” Your submission indicates that the product at issue will be imported in retail-ready, 3-ounce spray cans in various colors. This product washes off with warm soapy water and is intended to be used by children ages 6 and above by spraying the various colors onto driveways, sidewalks, and grass. The provided image of the spray can label indicates that this product is composed of talc, water, dimethyl ether, ethanol, and pigments. The applicable subheading for “3525-SPRAY-CHALK-CAN-ART” will be 3213.90.0000, HTSUS, which provides for Artists’, students’ or signboard painters’ colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings: Other. The general rate of duty will be 3.4 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3213.90.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3213.90.0000, 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 Notice 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, including information on exclusions and their effective dates, 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 requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.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