CLA-2-94:OT:RR:NC:N4:433
Luis Arandia, Jr.
Polsinelli PC
2950 N. Harwood Street
Dallas, Texas 75201
RE: The tariff classification of a bassinet from China.
Dear Mr. Arandia:
In your letter dated June 23, 2020, you requested a tariff classification ruling on behalf of Happiest Baby, Inc. In lieu of samples, illustrative literature and a product description were provided.
Item 1, the “SNOO Smart Bassinet,” is a floor standing bassinet constructed of aluminum rails and struts encased in polyester textile fabric that is affixed to a white polyester textile mesh fabric surround. The mesh fabric surround is affixed to the bassinet base and depicts a strip of polypropylene having a wood grain veneer appearance. The bassinet stands on four steel metal legs. The product dimensions are 35.75” in length, 19” in width, 31” in height (with legs), and weighs 38 lbs. The fabric and mesh are sewn together and partially cover the aluminum frame top rails and struts. The fabric and mesh further create the sleeping enclosure. Product literature indicates the bassinet has a motor for rocking, 3 microphone to identify baby cries, an LED light that adjusts to ambient light, a clip located inside the bassinet that attaches to a sleep sack that prevents rolling while a child is in the bassinet, and a 5-level sound and motion component to soothe and boost sleep. Included at the time of import are 3 SNOO swaddle sleep sacks made of organic cotton, an organic cotton mattress sheet, and a polyurethane foam mattress pad with a water-resistant cover.
You request classification of the subject merchandise in subheading 9403.89.6003, Harmonized Tariff Schedule of the United States, (HTSUS).
The Explanatory Notes (ENs) to the HTSUS constitute the official interpretation of the tariff at the international level.
The “SNOO Smart Bassinet” (a) consists of at least two different articles which are, prima facie, classifiable in different headings [bassinet, swaddle sleep sacks]; (b) consists of products or articles put together to meet a particular need or carry out a specific activity [coordinated bedding/sleeping]; and (c) are put up in a manner suitable for sale directly to end users without repacking, therefore, the subject merchandise will be considered a set for customs purposes. Sets are classified according to the component, or components taken together, which can be regarded as conferring on the set as a whole its essential character. In this case, the bassinet imparts the essential character of the set.
Further, the “SNOO Smart Bassinet” is composed of different material components (metal, plastic, textile). The metal, the plastic, nor the textile alone provides the bassinet with its structure, shape, and functionality.
The textile polyester fabric and the textile mesh fabric covers a majority of the bassinet’s sides, provides a breathable enclosed environment, and attaches to the article’s frame thereby contributing to the structure, shape, and functionality which is to provide a breathable, safe, and enclosed environment for a child. The size, volume, and bulk of the textile material components not only contributes to the article’s structure, shape, and functionality, but also provides for the encasement, cushioning, comfort, and visibility of a child. The essential character of the bassinet as a whole is imparted by the textile material components.
The applicable subheading for the subject merchandise will be 9403.89.6003, HTSUS, which provides for “Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other: Cribs, toddler beds, bassinets, and cradles; play yards and other enclosures for confining children.” The rate of duty will be free.
Trade Remedy
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9403.89.6003, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 9403.89.6003, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 the 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 Dharmendra Lilia at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division