The tariff classification of beanie bags from China

N324320 February 25, 2022 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9891; 9903.88.15 Mr. William Ortiz Stile Associates Ltd. 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of beanie bags from China Dear Mr. Ortiz: In your letter dated February 14, 2022, you requested a tariff classification ruling on behalf of your client, Basic Fun Inc. Samples of the product were provided to this office and will be retained for training purposes. Three samples, described as “Fun Size 3pk,” SKU #33106, comprise a set of beanie bags, each with an attached plastic clip. Each beanie bag is composed of a 100 percent polyester woven printed fabric stuffed with polyfiber and polyethylene pellets. Each beanie bag features a candy packaging design printed on both sides, a 100 percent polyester braided cord loop sewn to the bag and an affixed polypropylene clip. The stuffed bags have no openings and are completely sewn closed. The beanie bags are available in four different shapes and measure: square (2 ¼ inches in length by 2 ½ inches in width), circular (2 ½ inches in diameter), rectangular (3 inches in length by 1 ½ inches in width), or cylindrical (3 ¾ inches in length by 1 inch in diameter). The beanie bags are decorative collectibles offered in 24 different candy packaging designs. The sample, described as “Bite Size,” SKU #33102, is a beanie bag with a plastic clip. The beanie bag is composed of a 100 percent polyester woven printed fabric stuffed with polyfiber and polyethylene pellets. The beanie bag features a candy packaging design printed on both sides, a 100 percent polyester braided cord loop sewn to the bag and an affixed polypropylene clip. The stuffed bag has no opening and is completely closed. The beanie bag is available in four different shapes and measures: square (3 ¼ inches in length by 4 inches in width), circular (3 ½ inches in diameter), rectangular (4 inches in length by 2 ½ inches in width), cylindrical (5 inches in length by 1 3/4 inches in diameter). The beanie bag is a decorative collectible available in 24 different candy packaging designs. The sample, described as “Snack Size,” SKU #33096, is a beanie bag. The beanie bag is composed of a 100 percent polyester knitted plush printed fabric stuffed with polyfiber and polyethylene pellets. The stuffed bag has no openings and is completely closed. The beanie bag features a candy packaging design to resemble a real candy package, with a logo printed on the top and nutritional facts on the back. The beanie bag is available in four different shapes and measures: square (4 inches in length by 5 inches in width), circular (4 ½ inches in diameter), rectangular (6 inches in length by 3 ½ inches in width), or cylindrical (7 inches in length by 2 ½ inches in diameter). The beanie bag is a decorative collectible available in six candy packaging designs. The applicable subheading for the “Fun Size,” “Bite Size,” and “Snack Size” beanie bags will be 6307.90.9891, Harmonized Tariff Schedule of United States, (HTSUS), which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9891, 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 6307.90.9891, 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. 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. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local Customs office prior to importation. 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 Kristine Dodge at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division