CLA-2-42:RR:NC:N3:341
9603.29.4010, 9603.21.0000, 3401.20.0000, 3926.90.9980,
6117.80.8500, 6307.10.1090, 3924.90.5600, 9605.00.0000
Karl F. Kueger
DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060
RE: The tariff classification of toiletry bags and accessories from China
Dear Mr. Krueger:
In your letter dated July 3, 2007, you requested a classification ruling on behalf of your client B2X Corporation. Your samples will be returned as requested.
The samples submitted are identified as travel kits, style numbers TS0014 and TS0015. Style number TS0014 includes a toiletry bag, eye mask, face cloth, playing cards, mirror/brush, toothbrush, ear plugs, and soap petals.
Style TS0015 number includes a toiletry bag, face cloth, playing cards, mirror/brush, toothbrush, ear plugs, headband, shoe polish mitt, shoe polish sponge, lint remover, sewing kit, and soap petals.
The toiletry bags are constructed with an outer surface of 100% polyester textile material. The bags are designed to hold small personal effects and toiletries during travel. They have textile zipper closures. The interior of style TS0014 features a main textile-lined compartment with an open vinyl pocket. It measures approximately 7” (W) x 4.5” (H) x 2” (D). The interior of style TS0015 features a main textile-lined compartment with a removable zippered mesh pouch. It measures approximately 10” (W) x 5” (H) x 5.5” (D).
In your ruling request, you suggest classification of the travel kits under subheading 9605.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provide for travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure or pedicure sets of heading 8214). Included in the travel kits, are playing cards which are not items for personal toilet, sewing, or shoe or clothes cleaning. Therefore, the travel kits are precluded from classification in subheading 9605.00.0000. Each article will be treated separately for tariff purposes.
The applicable subheading for the toiletry bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States HTSUS, which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6% ad valorem.
The applicable subheading for the eye mask will be 6307.90.9889, HTSUS, which provides for other made-up articles, other. The rate of duty will be 7% ad valorem.
The applicable subheading for the face cloths will be 6302.60.0030, HTSUS, which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton… towels: other. The duty rate will be 9.1% ad valorem.
The applicable subheading for the playing cards will be 9504.40.0000, HTSUS, which provides for articles for arcade, table or parlor games…parts and accessories thereof: playing cards. The rate of duty will be Free.
The applicable subheading for the clamshell mirrors/brushes, if valued not over 40 cents each, will be 9603.29.4010, HTSUS, which provides for hairbrushes valued not over 40 cents each. The rate of duty will be 0.2 cents each plus 7% ad valorem.
The applicable subheading for the toothbrushes will be 9603.21.0000, HTSUS, which provides for toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliance: toothbrushes, including dental-plate brushes". The rate of duty will be free. The rate of duty will be Free.
The applicable subheading for the plastic ear plugs will be 3926.90.9980 HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3% ad valorem.
The applicable subheading for the headband will be 6117.80.8500, HTSUS, which provides for other made up accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: headbands, ponytail holders and similar articles. The duty rate will be 14.6% ad valorem.
The applicable subheading for the shoe polish mitt will be 6307.10.1090, HTSUS, which provides for other made up articles: floorcloths, dishcloths, dusters and similar cleaning cloths: dustcloths, mop cloths and polishing cloths, of cotton... other. The duty rate will be 4.1% ad valorem.
The applicable heading for the shoe polish sponge will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3% ad valorem.
The applicable subheading for the plastic lint remover will be 3924.90.5600, HTSUS, which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other. The rate of duty will be 3.4% ad valorem.
The applicable subheading for the sewing travel kit will be 9605.00.0000, HTSUS, which provides for travel sets for personal toilet, sewing or shoe or clothes cleaning. The rate of duty will be 8.1% ad valorem.
The applicable subheading for the soap petals will be 3401.20.0000, HTSUS, which provides for soap in other forms. The rate of duty will be Free.
Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act, which is administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the 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.
You have also asked about the marking of the merchandise. 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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
You have indicated that the outer container of the playing cards, brush/mirror, toothbrush, sewing kit, lint brush, shoe polishing sponge and soap petals will be marked with a self-adhesive paper label indicating the country of origin. Without samples of the marked items we are unable to comment on permanency and conspicuousness of the paper labels. The toiletry bags, eye masks, face cloths, headband and polishing mitt will have a sewn on label indicating the country of origin. Sewn on fabric labels are the usual method of marking these items and if legible and conspicuous they would be acceptable country of origin marking for those items.
However, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. In addition, there are specific rules under the Act as to the marking of the package containing the textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).
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/.
HTSUS 6302.60.0030 and 6307.10.1090 fall within textile category 369. HTSUS 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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 Vikki Lazaro at 646-733-3041.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division