The tariff classification of a pacifier clip from Italy

N102876 May 3, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980 Ms. Marisa Blankenship Mr. Michael Blankenship ItaliaJewels 833 S. San Tomas Aquino Road, Unit B Campbell, CA 95008 RE: The tariff classification of a pacifier clip from Italy Dear Ms./Mr. Blankenship: In your letter dated April 25, 2010, you requested a tariff classification ruling. Photographs were provided with your letter. The pacifier clip consists of a plastic chain with a plastic clip on each side. The product functions to prevent a child from dropping or losing a pacifier. The ring clip at one end is designed to hold the pacifier. The spring clip at the other end is designed to be secured to the child’s clothing. The spring clip is constructed with a very thin decorative silver front plate. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs). GRI 3(b) provides that composite goods consisting of different materials or made up of different components shall be 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. The plastic components allow the clip to perform its function, while the silver component is merely an ornamental face plate. The essential character of the pacifier clip is imparted by the plastic components. The applicable subheading for the pacifier clip will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. 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 http://www.usitc.gov/tata/hts/. 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, contact National Import Specialist Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division