United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2008 NY Rulings > NY N023734 - NY N023806 > NY N023782

Previous Ruling Next Ruling
NY N023782




March 18, 2008

CLA-2-49:OT:RR:NC:N2:234

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.1000; 4909.00.4020; 4911.99.8000; 9609.90.8000

Mr. Gordon C. Anderson
C. H. Robinson Worldwide, Inc.
Minneapolis International
14800 Charlson Road, Suite 400
Eden Prairie, MN 55347-5048

RE: The tariff classification of various “Novelty Gift Cards” and a “Greeting Gift Card Holder” from China

Dear Mr. Anderson:

In your letter dated December 20, 2007, on behalf of Clegg Industries, Inc., you requested a tariff classification ruling. In response to our request for additional information, you later submitted a follow-up letter, dated February 15, 2008. The samples which you submitted are being returned as requested.

Five samples, identified as GIF-1, GIF-2, GIF-3, GIF-4 and GIF-5 were submitted for our examination. GIF-1 resembles a conventional folded greeting card, but is somewhat thicker. It is said that the gift card holder is made of paperboard and will have various standardized greeting text, a sound chip that will play appropriate greeting/holiday music and a specific retail store logo and other store consumer information printed on the back of the card. The face of the representative sample is prominently printed with the word “Wish” together with gold snowflakes and “To” and “From” in Spanish. The inside of the card is printed with a holiday greeting message in Spanish. There is a slot to insert a gift card and a line to print the value of the gift card. Also, the card contains circuitry that will include a sound chip that will play an abbreviated version (not more than twenty seconds) of the holiday/greeting song. The “Greeting Gift Card Holder” is not imported with the gift card.

GIF-2 is a novelty “gift card” made of plastic and paperboard. The representative sample has a Target logo and is designed to look like a gift wrapped present with a Christmas motif printed on its front. When a tab that is designed into this card is pulled out it unfolds to state “Merry Christmas” in a window and a “greeting card” is revealed stating who the “gift card” is “To” and “From”. The reverse side has the printed terms, conditions, and 800 phone number printed on it. The card is not printed with the media strip and it is stated that the media strip will be added in the United States. The value of the card will be programmed at the time of purchase.

GIF-3 is a “gift card” designed as a plastic container with a removable cover that opens to four crayons housed inside. The representative sample has on its front the Target logo and the words “Gift Card,” the rear of the container has the printed terms, conditions, and 800 phone number printed on it. It is sated that the media strip will be added in the United States and the value of the card will be programmed at the time of purchase. The “gift card” is not considered ordinary packaging for the crayons and therefore the crayons and “gift card” will be classified separately.

GIF-4 is a “gift card” designed as a plastic container with a removable cover that opens up to a plastic bag containing scented bath salts. The representative sample has on its front the Target logo and the words “Gift Card” and a description of the bath salts and their net weight and it is stated that the country of origin of the bath salts will be included on the front of the imported “Gift Card”. The back of the container has the printed terms, conditions, and 800 phone number printed on it. It is stated that the media strip will be added in the United States and the value of the card will be programmed at the time of purchase. The “gift card” is not considered ordinary packaging for the bath salts and therefore the bath salts and “gift card” will be classified separately.

GIF-5 is a “gift card” made of plastic and has a sound chip incorporated into it and when a button is pushed located on the front of the card it plays a sound associated with a popular electronic game. The representative sample has on its front the words “X-Box 360”, the Target logo and the words “Gift Card” printed on it. The back of the card has the printed terms, conditions, and 800 phone number printed on it. It is stated that the media strip will be added in the United States and the value of the card will be programmed at the time of purchase.

The applicable subheading for the “gift cards” will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other printed matter, including printed pictures and photographs, other (non-enumerated). The rate of duty will be Free.

Please note that this ruling applies to the products only when they are imported not bearing the media strip as exhibited by the submitted samples.

The applicable subheading for the gift card holders as represented in the above-described sample, will be 4909.00.4020, HTSUS, which provides for printed or illustrated postcards, printed cards bearing personal greetings, messages or announcements, . . . with or without envelopes or trimmings, greeting cards. The rate of duty is Free.

Please note that this ruling applies to the product only when it is imported bearing a printed greeting, message or announcement such as exhibited by the submitted sample.

The applicable subheading for the bath salts, will be 3307.30.1000, HTSUS, which provides for pre-shave, shaving . . .whether or not perfumed or having disinfectant properties: perfumed bath salts and other bath preparations: bath salts, whether or not perfumed. The rate of duty will be 5.8 percent ad valorem.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U. S. Food and Drug Administration. You may contact them at U. S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130.

The applicable subheading for the crayons will be 9609.90.8000, HTSUS, which provides for pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors’ chalks, other, other. The rate of duty will be Free.

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 http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. 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 U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

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 Patricia Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: