CLA-2-71:OT:RR:NC:N4:433
Heather Creegan
CVS On-site Import Client Liaison
Barthco International, division of OHL
One CVS Drive, Mailstop 1049
Woonsocket, RI 02895
RE: The tariff classification of a wristband from China.
Dear Ms. Creegan:
In your letter dated January 20, 2014, on behalf of CVS Pharmacy, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you.
The sample item is identified on the blister card as the Blink Bandz. The Blink Bandz is a stretchy silicone bracelet with built-in LED lights that pulse. This item is placed on your wrist, lights up when you move, and has approximately 150,000 flashes of light before the battery fades. It is marketed as great for kids, running, parties, dancing and festivals.
Note 4 to Chapter 40 of the Harmonized Tariff Schedule of the United States (HTSUS) describes synthetic rubber as applying to unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which, at a temperature between 18 and 29 degrees Centigrade, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1-1/2 times their original length. Silicone is not cross-linkable with sulfur, and thus is not considered to be rubber for tariff classification purposes. Consequently, for tariff purposes the wristband is considered to be made of plastic.
Legal Note 11 in conjunction with Legal Note 9 to Chapter 71, HTSUS, provides in pertinent part, that the expression “imitation jewelry” means any small articles of personal adornment for example rings, bracelets, necklaces, brooches, earrings pendants, pins, and the like – not incorporating precious metal or metal clad with precious metal, except as minor constituents. We find that the silicone wristband of the merchandise concerned falls within the list of exemplars, specifically bracelets, for inclusion within the provision of imitation jewelry under heading 7117, HTSUS.
The applicable subheading for the silicone, Blink Bandz, will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.
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 Neil H. Levy at (646) 733-3036.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division