CLA-2-36:OT:RR:NC:N3:135
Andrew Selevan
Ja-Ru, Inc.
12901 Flagler Center Blvd. Jacksonville, FL 32258
RE: The tariff classification of Super Bang Ring Caps from China
Dear Mr. Selevan:
In your letter dated February 7, 2023, you requested a tariff classification ruling. Additional information was provided by email on February 13, 2023, and February 16, 2023.
Item No. 0937, Super Bang Ring Caps, (320 Shots) consists of 40 circular plastic rings each containing 8 cap shots for a toy gun. Each cap contains less than 0.20 grains of a pyrotechnic composition which is composed of potassium chlorate, red phosphorus sand, and glue. The ring caps are blister packed on a printed paperboard card. The card measures 9 1/4 inches high by 4 5/8 inches wide and is intended for retail sale.
The applicable subheading for the carded ring caps will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pyrotechnic articles. The rate of duty will be 6.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3604.90.0000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3604.90.0000, 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, including information on exclusions and their effective dates, 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.
Your product may be subject to prohibition and recall under the laws and regulations administered by the U.S. Consumer Product Safety Commission (CPSC). You are advised to contact the CPSC to determine if your merchandise complies with pertinent safety standards and regulations. Import compliance information may be obtained by contacting the Office of Compliance, Consumer Product Safety Commission, 4330 East West Highway, Bethesda MD 20814, by calling (800) 638-2772, or by e-mail contact through their website at www.cpsc.gov.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to [email protected], or by visiting their website at www.epa.gov.
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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division