CLA-2-42:OT:RR:NC:N4:441
Ms. Chevis E. Douville
Glam & Grace LLC
P. O. Box 601153
Dallas, TX 75360
RE: The tariff classification of jewelry repair kit with bag from China and Pakistan
Dear Ms. Douville:
In your letter dated October 23, 2016, you requested a tariff classification ruling. You have submitted photos and a pouch sample which will be returned to you under separate cover.
Ms. Fix It TM, consists of a zippered pouch, needle nose pliers and twenty-eight rubber, gold tone and silver tone jewelry findings. The bag is a generic pouch constructed with an outer surface of plastic sheeting. It has a zippered closure at the top. It is designed to provide storage, protection, organization, and portability to personal effects during travel. It measures approximately 6.25 inches (w) x 4.25 inches (h) x 2 inches (d). It is of a durable construction and suitable for repetitive use. The needle nose pliers are constructed of stainless steel, have soft grip handles and measure approximately 4.5 inches long. The jewelry findings consist of 4 metal lobster clasps, 6 stainless steel metal earring backs, 6 rubber earring backs, 4 metal fish hook earring backs and 8 stainless steel O-rings.
The items cannot be considered a set for tariff purposes.
The Explanatory Notes for GRI 3, Harmonized Tariff Schedule of the United States (HTSUS), set forth a three part test for "goods put up in sets for retail sale." In order to be considered a set, articles of a set must: a) consist of at least two different articles which are prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and (c) be put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards). An article must meet all of the above conditions in order to be regarded as a "set" for tariff purposes.
You indicated in your request that the items will be further packaged for retail sale after importation, therefore it does not meet criteria (c). Since the items cannot be considered a set for classification purposes, the individual components must be classified separately.
The applicable subheading for the zippered pouch will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Travel, sports, and similar bags, with outer surface of sheeting of plastic, Other.” The applicable rate of duty is 20 percent ad valorem
The applicable subheading for the rubber earring backs 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.
The applicable subheading for the metal leverbacks (lobster clasps) and fishhook earring backs will be 7117.19.9000, HTSUS, which provides for “Imitation Jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” The rate of duty will be 11 percent ad valorem.
The applicable subheading for the stainless steel metal earring backs and O-rings will be 7326.90.8588, HTSUS, which provides for “Other articles of iron or steel, other, other…other.” The rate of duty will be 2.9 percent ad valorem.
The applicable subheading for the needle nose pliers will be 8203.20.6030, HTSUS, which provides for “Files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pliers (including cutting pliers), pincers, tweezers and similar tools, and parts thereof: other: other (except parts), pliers.” The general rate of duty will be 12¢/doz. + 5.5% 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 https://hts.usitc.gov/current.
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 Vikki Lazaro at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division