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NY E88372





November 19, 1999

CLA-2-46:RR:NC:2:230 E88372

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1200; 4602.10.8000; 3924.90.5500; 9603.29.4090; 9603.29.8090; 6302.99.2000

Ms. Cindy Scott
BDP International, Inc.
2721 Walker Avenue, N.W.
Grand Rapids, MI 49504

RE: The tariff classification of bath accessories sets in willow baskets from Hong Kong or China

Dear Ms. Scott:

In your letter dated October 26, 1999, on behalf of your client, Meijer Inc., you requested a classification ruling.

The ruling was requested on two bath accessories sets, item #615-WM5402 and item #615-WM9801. One sample of each set was submitted and will be returned to you as you requested.

Item #615-WM5402 consists of a round basket approximately 10 inches in diameter made of interwoven willow rods. Packed inside the basket are a nylon scrubber sponge, a cut natural loofah sponge, three small compressed loofah pads, a sisal bath sponge and a sisal pad. The basket and its contents are wrapped together in clear cellophane and sold as a bath accessories gift set.

Item #615-WM9801 consists of a round willow basket approximately 12 inches in diameter. Packed inside the basket are a nylon bath sponge, a sisal bath sponge, a sisal back scrubber, a cut natural loofah sponge, three small compressed loofah pads, a loofah pad with cotton on one side, a face brush with a wooden handle, a nail brush with a wooden handle and a foot file. All the articles are wrapped together and sold as a bath accessories gift set.

Although sold as sets, the above articles are not classifiable as sets because not all the articles in the sets are designed to meet a particular need or carry out a specific activity. Consequently, each article is classifiable separately under its appropriate heading.

The applicable subheading for the willow baskets will be 4602.10.1200, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of plaiting materials; other baskets and bags, whether or not lined; of willow. The duty rate will be 5.8 percent ad valorem.

The applicable subheading for the cut natural loofah sponges, the compressed loofah pads and the loofah pad with cotton on one side will be 4602.10.8000, HTSUSA, which provides for articles of loofah. The duty rate will be 2.3 percent ad valorem.

The applicable subheading for the nylon bath sponge and the nylon scrubber sponge will be 3924.90.5500, HTSUSA, which provides for other household articles and toilet articles, of plastics. The duty rate will be 3.4 percent ad valorem.

The applicable subheading for the face brush and the nail brush depends on the value of each brush. If valued not over 40 cents each, the applicable subheading will be 9603.29.4090, HTSUSA, which provides for other toilet brushes for use on the person, valued not over 40 cents each. The duty rate will be 0.2 cent each plus 7 percent ad valorem. If valued over 40 cents each, the applicable subheading will be 9603.29.8090, HTSUSA, which provides for other toilet brushes for use on the person, valued over 40 cents each. The duty rate will be 0.3 cent each plus 3.6 percent ad valorem.

The applicable subheading for the sisal bath sponges, the sisal pad and the sisal back scrubber will be 6302.99.2000, HTSUSA, which provides for other toilet linen of other textile materials. The duty rate will be 9 percent ad valorem.

The sisal bath sponges, sisal pads and sisal back scrubber fall within textile category designation 899. Based upon international textile trade agreements products of Hong Kong and China are subject to visa restrictions.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

Your inquiry does not provide enough information to give a classification ruling for the foot file. In order to rule on this product the following information is required: Please indicate whether or not any natural or artificial abrasive powder or grain has been placed on this item. Identify the precise chemical or mineral name of any abrasive powder or grain and indicate whether it is natural or synthetic. Identify the black material on the wood, i.e., the material which appears to be the base for the abrasive powder. Is this material woven textile, non-woven textile, etc? Has abrasive powder or grain been placed on this material or does the material itself have an abrasive quality? When resubmitting your request for a ruling on this product, please resubmit the sample.

The samples were not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski

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