CLA-2-63:RR:NC:N3:351 I88082
Mr. Mark Kittel
Superior Brokerage Services, Inc.
2600 E. 81 St.
Bloomington. MN 55425
RE: The tariff classification of aisle blockers from China.
Dear Mr. Kittel:
In your letter dated October 23, 2002, you requested a ruling on behalf of Ergodyne, Inc., of St. Paul, MN, on tariff classification.
You have submitted a sample of the Aisle Blocker Set, composed of two signs in a bag. Both the signs and the bag are made of PVC backed with textile material; this combination is considered textile, not plastic, for Customs purposes. The bag is considered to be normal packaging and is not separately classifiable.
Each sign is 119” x 42”, with plastic rods sewn into the border for support. Each sign has an adjustable webbed strap, 1½” wide, at each corner. Attached at the end of each strap is a large S-hook; this allows the sign to be attached to pallet racking, walls, etc. Printed on each sign, in English and Spanish, is a warning that access to the aisle is temporarily restricted. Your samples will be returned as requested.
You state that you believe the proper classification for this merchandise is in subheading 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) printed matter. However, the substantial size, strength, and durability of the aisle blockers, as you refer to them, enable them to carry out their function – blocking an aisle – by creating a physical barrier. Although they also bear a printed warning, it is of secondary importance to the physical nature of the barrier that is created. If these items were meant to function merely as signs, there would be no need for the type of construction they have. They are not essentially printed matter.
The applicable subheading for this product will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.
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 Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division