The tariff classification of a metal page marker from China

N333572 June 30, 2023 CLA-2-83:OT:RR:NC:N4:434 CATEGORY: Classification TARIFF NO.: 8305.90.6000; 9903.88.15 Ashley Gray Blue Sky The Color of Imagination 410 Exchange, Suite 250 Irvine, CA  92602                                                                                                                  RE:      The tariff classification of a metal page marker from China Dear Ms. Gray: In your letter, dated June 15, 2023, you requested a tariff classification ruling.  Product information and photos were submitted for our review.  No samples were provided. The item under consideration is a metal page marker made of thin, flat stainless steel.  Some styles may be electroplated.  The page marker measures approximately 1.25” in length x .75” in width and is shaped somewhat like an elongated upper case “W” with the top closed off and a tongue portion hanging down the middle.  The middle tongue is designed to slip beneath a page while the upper clip portion slips atop the page.  You state that the marker is not compatible for clipping multiple sheets together, but rather is designed to attach to a single sheet for purposes of flagging that sheet.  You further claim that it is suitable for use on a calendar, planner, or notebook.  The retail packaging labels them as “Page Markers,” and they may come in a single pack or with several attached to a backer card.   The applicable subheading for the page markers will be 8305.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Fittings for looseleaf binders or files, letter clips, letter corners, paper clips, indexing tags and similar office articles, and parts thereof, of base metal…:  Other:  Other.”  The rate of duty will be 5.7 percent ad valorem. 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 8305.90.6000, 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, 9903.88.15, in addition to subheading 8305.90.6000, 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 Charlene Miller at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division