CLA-2-73:OT:RR:NC:N1:117
Ms. Jennie Crossley
Allstar Marketing Group, LLC
2 Skyline Drive
Hawthorne, NY 10532
RE: The tariff classification of a bathtub and shower hair catcher from China
Dear Ms. Crossley:
In your letter dated August 5, 2015 you requested a tariff classification ruling.
The product under consideration is identified as the Drainwig® Hair Catcher. The Drainwig® is used in shower and bathtub drains to catch hair and prevent clogs. This product is completely disposable and allows the user to remove hair without touching it. The bathtub design consists of a stainless steel bead chain fitted with thermoplastic rubber whiskers and a plastic anchor cap with a suction cup. The chain is attached to the anchor cap which is then secured to the tub. The shower hair catcher also includes a stainless steel bead chain with thermoplastic rubber whiskers; however, unlike the bathtub design, the chain is attached to a plastic daisy flower cap that is placed directly on the shower drain. In both designs, the bead chain is inserted into the drain. As hair enters the drain, the chain and whiskers catch the hair.
The classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation ("GRIs"), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. In the event that goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs will be applied, in the order of their appearance.
Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states in part when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the good. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article.
Based on the information provided, it is the opinion of this office that the essential character of the hair catcher is imparted by the bead chain which predominates by weight and value over the other components and also assists the rubber whiskers in the removal of hair.
The applicable subheading for the Drainwig® Hair Catcher will be 7315.89.5000, HTSUS, which provides for chain and parts thereof, of iron or steel, other chain, other, other. The rate of duty will be 3.9 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).
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 Mary Ellen Laker at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division