CLA-2-95:OT:RR:NC:N4:424

Ms. Madisen Patanella
Dick's Sporting Goods
345 Court Street
Coraopolis, PA 15108

RE:      The tariff classification of the “Pickleball Retriever Tube” from China

Dear Ms. Patanella:

In your letter submitted on August 22, 2023, you requested a tariff classification ruling. Photographs and a description of the “Pickleball Retriever Tube” were received with your inquiry.  

The “Pickleball Retriever Tube,” item number MN24PBALLTUBE, consists of a cylindrical case made of a clear polycarbonate plastic with end caps and a shoulder strap.  The tube has small tabs at one end that when pushed down onto a ball, the tabs capture a pickleball and traps it inside the tube.  The pickleball retriever is used to pick up and store 12 pickleballs.  The balls are released by removing a rubber band that’s affixed to the opposite end of the tube.  The “Pickleball Retriever Tube” is intended to be used as an accessory for pickleball and facilitates a retriever to pick up pickleballs without a full bending movement.  Pickleballs are not included with this product.

The applicable subheading for the “Pickleball Retriever Tube,” item number MN24PBALLTUBE, will be 9506.99.6080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; swimming pools and wading pools; parts and accessories thereof: Other: Other: Other…Other."  The rate of duty will be 4% ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9506.99.6080, 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 9506.99.6080, 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.

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.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request.  This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1).  This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect.  In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

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 Roseanne Murphy at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division