The tariff classification of a cellphone case from China.
Issued May 16, 2022 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3926.90.9985, 9903.88.15
Product description
Images were submitted in lieu of a sample. The product under consideration is a cellphone case made predominately from thermoplastic polyurethane (TPU) plastic and features a decorative back made from tempered glass. In the provided images, the case is black, and the tempered glass has a marble-like appearance in a bluish color. The case covers the back, sides, and corners of the phone, but not the screen, and has cutouts on the back for the phone’s camera. You indicate this case will be sized to fit various versions of the iPhone. As this cellphone case would be considered an article of plastic, and as it is not more specifically provided for elsewhere,
CBP rationale
the applicable subheading will be 3926.90.9985, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.
Full text
N325854 May 16, 2022 CLA-2-39:OT:RR:NC:N4:415 CATEGORY: Classification TARIFF NO.: 3926.90.9985; 9903.88.15 Ms. Haley Weicht BDP International, Inc. 2350 Three Mile Road Northwest Grand Rapids, MI 49544 RE: The tariff classification of a cellphone case from China. Dear Ms. Weicht: In your letter dated May 3, 2022, you requested a tariff classification ruling on behalf of your client, BLUEOCO, LLC. Images were submitted in lieu of a sample. The product under consideration is a cellphone case made predominately from thermoplastic polyurethane (TPU) plastic and features a decorative back made from tempered glass. In the provided images, the case is black, and the tempered glass has a marble-like appearance in a bluish color. The case covers the back, sides, and corners of the phone, but not the screen, and has cutouts on the back for the phone’s camera. You indicate this case will be sized to fit various versions of the iPhone. As this cellphone case would be considered an article of plastic, and as it is not more specifically provided for elsewhere, the applicable subheading will be 3926.90.9985, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3926.90.9985, 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 3926.90.9985, 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, 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. 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 at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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