The tariff classification of the “Grip Tight Tool Hanger” from China

N224315 July 30, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3925.90.0000 Ms. Vicki Roye Kuehne & Nagel 4985 Outland Center Drive Memphis, TN 38118 RE: The tariff classification of the “Grip Tight Tool Hanger” from China Dear Ms. Roye: In your undated letter, received in this office on July 3, 2012, on behalf of Asia Sourcing, you requested a tariff classification ruling. A sample was provided with your letter. The Grip Tight Tool Hanger is designed to hold various items, such as brooms, shovels, pitchforks, mops, levels and umbrellas. It consists of an extruded aluminum track on which 4 plastic spring-loaded Grip Tight clasp assemblies and 3 plastic hooks can be moved or slid to the desired position. The aluminum track is designed to be attached permanently to a wall through the use of the included screws. When the handle of a tool is inserted into the Grip Tight clasp assembly, the spring mechanism automatically adjusts to hold the handle securely. Other tools and equipment can be hung on the hooks. The Grip Tight Tool Hanger will be marketed for use in the home, workshop and garage. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTS) is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedules covers the components of the tool hanger in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale 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. In this case, the plastic Grip Tight clasp assemblies and plastic hooks are the components that actually hold the tools and other implements, so the plastic constituents are considered to be the components that impart the essential character to the product. The applicable subheading for the Grip Tight Tool Hanger will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for builders’ ware of plastics, not elsewhere specified or included, other. The rate of duty will be 5.3 percent ad valorem. The Grip Tight Tool Hanger may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/. 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, Thomas J. Russo Director National Commodity Specialist Division