CLA-2-39:OT:RR:NC:N4:421
Mr. Darren Yokopenic
HSN
1 HSN Drive
St. Petersburg, Florida 33729
RE: The tariff classification of double-sided tearing rulers from Taiwan
Dear Mr. Yokopenic:
In your letter dated May 2, 2011, you requested a tariff classification ruling.
A sample was provided with your letter. The double-sided tearing rulers enable the user to tear paper in such a way as to create repetitive designs or decorative edges. The product contains 8 tearing rulers connected at one end by an O-ring. Each tearing ruler can create 2 different designs for a total of 16 designs or repeating patterns. Each tearing ruler is delineated in inches and centimeters. As you requested, the sample will be returned.
You suggest classification in subheading 9017.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other instruments for measuring length for use in the hand. However, the measuring function of the tearing ruler is subsidiary to its cutting function. This is borne out by the very number of tearing rulers connected by the O-ring. It is hardly necessary to have eight units linked together if each has the same principal function. It is clear that the reason for linking the multiple units together is because they function to create different edge designs.
The applicable subheading for the double-sided tearing rulers will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division