CLA-2-34:OT:RR:NC:N136
Patrick Völk
Eyworks GmbH
Hauptstraße 52 Rosental 8582 Austria
RE: The tariff classification of an eyeglass cleaning kit from Austria
Dear Mr. Völk:
In your letter dated October 14, 2024, you requested a tariff classification ruling on an eyeglass cleaning kit.
In your submission, the subject product, identified as “Eyeshaker-Set,” is described as an eyeglass cleaning kit. The kit contains ten cleaning tablets, comprised of a surface-active preparation, one eyeglass container with a lid, and one microfiber cleaning cloth. You indicate that the “Eyeshaker-Set” is intended to clean the frame, lenses, and all parts of eyewear. In a subsequent email message, you state that all the components will be imported together, packaged for retail sale.
You provided the following description of how it works:
Half-fill the Eyeshaker container with water and add a cleaning tablet. Wait 30 seconds, then shake with the lid on to dissolve.
Place a pair of spectacles in the container with the lid on and shake for about 15 seconds.
Rinse the cleaned spectacles with clear water.
Dry the spectacles with the dark side of the microfiber cloth and polish with the light side.
The Explanatory Notes to the Harmonized Tariff System, although not legally binding, provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that; (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without re-packing. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3(c) provides that when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading that occurs last in numerical order among those which equally merit consideration. The eyeglass cleaning kit will be classified as a set for tariff classification purposes in accordance with GRI 3(b), with the essential character imparted by the cleaning tablets.
The applicable subheading for the eyeglass cleaning kit will be 3402.50.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other. The general rate of duty will be free.
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/.
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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division