CLA-2-49:OT:RR:NC:N2:234
Ms. Beth M. Radloff
Bedford Industries, Inc.
1659 Rowe Avenue
P. O. Box 39
Worthington, MN 56187-0039
RE: The tariff classification of Snap-a-Tag; Cinch Bands; ElastiBands; ElastiTags; ElastiWick; Bib Ties and ID Ties/Produce Ties from China
Dear Ms. Radloff:
In your letter dated October 1, 2008, you requested a tariff classification ruling. The samples which you submitted are being returned as requested.
Various samples of items identified as Cinch Bands were provided with your letter. They may be manufactured of either polypropylene plastic or polystyrene plastic. They are available in various lengths and widths and methods of closure. The Cinch Bands have various uses. Some Cinch Bands will be used as wraps, e.g., to bundle fresh cut flowers. Other Cinch Bands will be used as labels printed with information such as nutritional information or recipes.
Two samples of ElastiBands were provided with your letter. Each ElastiBand consists of a strip of polyethylene measuring 1 inch in width joined at both ends with a strip of thermoplastic elastomer measuring 1 inch in width to form a closed loop. The samples are printed with a repetitive decorative floral pattern. The bands will be used as wraps to hold items together, e.g., to hold two plastic clamshell packages together or to hold two bottles, such as shampoo and conditioner, together for promotional purposes.
You state that variations of ElastiBands will also be manufactured for use as labels, for example, to label produce in a grocery store or to label products such as firebricks that adhesive labels cannot adhere to. It is assumed that such bands will be printed with identifying information such as nutritional information or directions for use.
Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the Explanatory Notes provide a commentary on the scope of each heading of the Harmonized Tariff Schedule and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
Legal Note 2 to Section VII of the HTSUS states, "Except for the goods of heading 3918 or 3919, plastics, rubber and articles thereof, printed with motifs, characters, or pictorial representations which are not merely incidental to the primary use of the goods, fall in Chapter 49." The Explanatory Notes to Chapter 49 state that "other printed matter" includes "all printed matter of which the essential character and use is determined by the fact of its being printed with motifs, characters, or pictorial representations, with the exception of goods in which the printing is merely incidental to their primary use." The Explanatory Notes also state that the term “printed” does not include coloration or decorative or repetitive-design printing. For ElastiBands and Cinch Bands that function to hold products together for retail sale, the printing is considered to be merely incidental to the primary use as a packaging method.
The applicable subheading for ElastiBands or Cinch Bands that are in essence labels, printed with motifs, characters or pictorial representations such as nutritional or identifying information, and that do not function to hold products together, 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: Other: Other. The rate of duty will be Free.
The applicable subheading for ElastiBands and Cinch Bands that function to hold products together for retail sale, whether or not they are printed, will be 3923.90.0080, HTSUS, which provides for Articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3 percent ad valorem.
Various samples of items identified as ElastiTags were provided with your letter. They may be manufactured of either polypropylene plastic or polystyrene plastic. They are available in various lengths and widths and are designed to be used as: coupons; product labels with the company name and/or country of origin; and printing instructions for use of product, nutrition facts, recipes, and ingredients in one or more languages. These tags are designed to be hung on the product.
The applicable subheading for the ElastiTags will be 4911.99.8000, HTSUS.
Various samples of items identified as Snap-a-Tags were provided with your letter. They may be manufactured of either polypropylene plastic or polystyrene plastic. They are available in various lengths and widths and are designed to be used as tags on flowers and plants. They are printed with the item name and product code, country of origin, and may have a recipe printed on the back.
The applicable subheading for the Snap-a-Tags will be 4911.99.8000, HTSUS.
Samples of the item identified as ElastiWick Products were provided with your letter. The products are manufactured of polyester non-woven textile fabric and measure approximately 2” x 2 ¾” and 1” x 2 ½”. The polyester non-woven fabric is absorbent and has a Thermoplastic elastomer header. It is designed as a scent delivery system in the hunting industry. The item does not contain any scent at time of importation.
The applicable subheading for the ElastiWick Products will be 6307.90.9889, HTSUS, which provides for Other made up articles, including dress patterns: Other: Other: Other: Other. The rate of duty will be 7 percent ad valorem.
Various samples of items identified as Bib Ties were provided with your letter. They may be manufactured of either polypropylene plastic or polyethylene plastic and attached to a wire twist tie that is paper coated that may or may not be printed. The plastic bibs come in various lengths and widths and are designed with the product information including code and country of origin. The twist ties are used to bundle produce items.
Various samples of items identified as ID/Ties Produce Ties were provided with your letter. They will be manufactured of low carbon steel wire covered in printed paper. The printed paper is used to identify the product by product code and name and brand name. The twist ties will be used to wrap and bundle products.
The applicable subheading for the Bib Ties and ID/Ties Produce Ties will be 8309.90.0000, HTSUS, which provides for Stoppers, caps and lids . . . seals and other packing accessories and parts there of, of base metal: Other. The rate of duty will be 2.6 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 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).
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
National Commodity Specialist Division