CLA-2-95:OT:RR:NC:N4:424
Devan Heintz
Amer Sports Winter and Outdoor
2030 Lincoln Ave
Ogden, UT 84401-0430
RE: The tariff classification of the Atomic Live Shield back protector from China
Dear Mr. Heintz:
In your letter dated November 8, 2024, you requested a tariff classification ruling.
Photographs and a description of the Atomic Live Shield back protector were submitted with your inquiry.
The article under consideration, the Atomic Live Shield, model number AN5205020, is a unisex back protector designed to protect a skier's spine from injury while actively skiing. It features shoulder straps and a waist belt that are adjustable to fit different torso lengths. The product is made with a multi-density 3-layer foam that's softer close to the body and stiffer on the outside to gradually absorb shock before reaching the wearer's body. The textile portion is made from breathable mesh and stretch Lycra with an Active Thermo Fit that adapts to the shape of the skier's back for a close fit. The product is intended to provide protection from injuries to the wearer while skiing.
The applicable subheading for the Atomic Live Shield, model number AN5205020, will be 9506.11.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sportsor outdoor gamesparts and accessories thereof: snow-skis and other snow-ski equipment; parts and accessories thereof: parts and accessories. The rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9506.11.6000 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 9506.11.6000, 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 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