The tariff classification of a metal stocking hanger from China

N245584 September 11, 2013 CLA-2-83:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 8302.50.0000 Ms. Adrienne Braumiller Braumiller Schulz PLLC 5220 Spring Valley Road, Suite 200 Dallas, TX 75254 RE: The tariff classification of a metal stocking hanger from China Dear Ms. Braumiller: In your letter dated August 23, 2013, you requested a tariff classification on behalf of OIC Products, LLC dba Haute Décor. The submitted sample will be returned per your request. The merchandise under consideration is identified as the “MantleClip Jr.,” model number MJR0411. You indicate that the MantleClip Jr. is specifically designed to hang a Christmas stocking from a fireplace mantel. It is a one-piece hook made of steel that can expand to fit mantels measuring up to 2.36 inches in thickness. It has two rubber strips on its underside that grasp the mantel to provide a strong grip that can hold heavily stuffed Christmas stockings. The MantleClip Jr. is simple in design; it is not ornamented and does not depict a holiday motif. It comes in a variety of finishes, including oil rubbed bronze, antique brass, silver, pewter and brushed nickel. Advertising literature indicates that it is sold during the Christmas season. Retail packaging states that it hangs stockings, decorations, string lights and garland. You propose classification of the MantleClip Jr. in subheading 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for festive articles. Although your letter indicates that the MantleClip Jr. will be sold, marketed and displayed for the Christmas holiday, it is not considered a festive article limited to the Christmas season. "Parts of general use" are defined in Note 2, Section XV, HTSUS, as including, among other things, base metal articles of heading 8302, HTSUS. Heading 8302 includes, in pertinent part, base metal hat racks, hat pegs, brackets and similar fixtures. This office finds that the subject stocking hanger is similar in kind to the articles named in heading 8302. Goods classified in heading 8302 are “parts of general use” per Note 2(c) to Section XV. Note 1(k) to Chapter 95 excludes parts of general use from classification within Chapter 95. Consequently, since the MantleClip Jr. is classified in heading 8302, it is precluded from classification in heading 9505, HTSUS. The applicable subheading for the MantleClip Jr. will be 8302.50.0000, HTSUS, which provides for base metal mountings, fittings and similar articles…hat-racks, hat pegs, brackets and similar fixtures, and parts thereof. The 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 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 Barbara Kaiser at (646) 733-3024. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division