CLA-2-85:OT:RR:NC:N1:109
Mr. Kevin Maher
Import Manager
C-Air Customhouse Brokers
181 S. Franklin Avenue
Valley Stream, NY 11581
RE: The tariff classification of a set of glee magnets from China
Dear Mr. Maher:
In your letter dated March 11, 2011, you requested a tariff classification ruling on behalf of your client, Sky High International LLC.
The merchandise subject to this ruling is a set of glee magnets. They are identified within your letter as Style #810925. This set of magnets consists of four flexible magnets packaged ready for retail sale in clear plastic. Each of the flexible magnets has one of the following printed on it “glee”, “don’t stop believing”, “glee with a heart”, or the letter “g.” The flexible magnets can be used to hold notes, pictures, and the like to metal surfaces, such as a refrigerator, cabinet, etc. A sample of the merchandise was submitted for classification purposes and is being returned to you as per your request.
You suggested that the classification of the set of glee magnets should be Harmonized Tariff Schedule of the United States (HTSUS) subheading 8505.19.3000, which provides for “Permanent magnets and articles intended to become permanent magnets after magnetization: Other: Other.” However, the magnets within the set of glee magnets are flexible. Flexible magnets are more specifically provided for under HTSUS subheading 8505.19.1000 as “Flexible magnets.”
The applicable subheading for the set of glee magnets (Style #810925) will be 8505.19.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Permanent magnets and articles intended to become permanent magnets after magnetization: Other: Flexible magnets.” The rate of duty will be 4.9 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).
You have asked whether the set of glee magnets (Style #810925) are subject to antidumping duties (AD). Customs and Border Protection does not issue written rulings regarding the scope of AD orders. Such written decisions are issued by the Import Administration in the Department of Commerce (DOC) and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact DOC at http://www.trade.gov/ia/ (click on "Contact Us"). For your information, you can view a list of current AD cases at the United States International Trade Commission website at http://www.usitc.gov (click on "Antidumping and countervailing duty investigations"), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on "Import" and "AD/CVD").
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 Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division