CLA-2-39:OT:RR:NC:N4:422
Mr. Peter J. Bogard
Neville Peterson LLP
1400 16th Street, N.W.
Suite 350
Washington, DC 20036
RE: The tariff classification of a plastic baby bottle nipple and a bike cage from China
Dear Mr. Bogard:
In your letter dated October 13, 2015, on behalf of Klean Kanteen, Inc., you requested a tariff classification ruling.
The submitted samples, which will be returned as requested, are identified as follows:
Slow Flow Nipple – KBBNSF-CR. This item is a nipple that is designed to fit onto your client’s Kid Kanteen Baby Bottle (not included). The base features a lip around its circumference that forms a seal with the baby bottle. The base has two studs that protrude downward, each with a small slit cut into them. This acts to ventilate the bottle as the beverage flows through the nipple. The top of the nipple forms a bulge through which there is a small perforation designed to resemble a human nipple. The entire item is made of silicone plastic material and measures approximately 2” in height with a diameter of 2.5”. The item is imported packaged for retail sale with two nipples included in each retail packaging.
Bike Cage – KKCAGE. This item is designed to be attached with screws to a bicycle frame to hold a bottle for easy access while riding. Two slits running down the “spine” of the item facilitate its attachment. This item is designed to hold the 27 ounce “Classic” line of Klean Kanteen’s single wall and vacuum insulated double wall stainless steel bottles, neither of which are included. The cage section itself is formed by two grips curving outward from the spine to form a cylindrical area 2.75” in diameter in which the water bottle rests. Small tabs protrude from both ends of the spine to hold the bottle in place. The item measures approximately 3” in height, 8” in length, and 9.25” in circumference.
The applicable subheading for the Slow Flow Nipple (KBBNSF-CR) will be 3924.90.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…other household articles…of plastics: other: nursing nipples and finger cots. The rate of duty will be 3.1 percent ad valorem.
The applicable subheading for the Bike Cage (KCAGE) will be 3926.90.9995, HTSUS, which provides for other articles of plastics…: other: other…other. The duty rate 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 Gary Kalus at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division