CLA-2-39:OT:RR:NC:N4:415
Amy Collins Pandora 250 West Pratt Street Baltimore, MD 21201 RE: The tariff classification of a jewelry display kit from China. Dear Ms. Collins: In your letter dated March 12, 2025, you requested a tariff classification ruling. Images were provided in lieu of a sample. The product under consideration is listed as the “SUM - WIN 10 SET, Platinum & Gold, Moments,” item number P2502SS001. It is intended to serve as a visual marketing display for assorted jewelry pieces and consists of 21 individual elements. From the submitted documentation, the vacuum molded acrylonitrile butadiene styrene (ABS) plastic backdrop component predominates over the other articles, many of which are also made of molded ABS plastic including a bust, two bracelet cones, three ring cones, two square bracelet displays, and a bracelet clip. We hold the opinion that this display kit would be considered a set for classification purposes and that the plastic articles would impart the essential character to it, General Rule of Interpretation 3(b) noted. The applicable subheading for this jewelry display kit, “SUM - WIN 10 SET, Platinum & Gold, Moments,” item number P2502SS001, will be 3926.90.9989, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3926.90.9989, 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 3926.90.9989, 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. Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 3926.90.9989, HTSUS, listed above. 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. 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 CFR 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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack Director National Commodity Specialist Division