The tariff classification of a travel bar set from China

N248457 January 2, 2014 CLA-2-46:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4602.90.0000 Ms. Ruby Chan Williams-Sonoma, Inc. 151 Union Street San Francisco, CA 94111 RE: The tariff classification of a travel bar set from China Dear Ms. Chan: In your letter, dated November 27, 2013, you requested a tariff classification ruling. The ruling was requested on a travel bar set. Photographs and product information were submitted for our review. The sample, identified as “Tailgating Travel Bar” (style number 7030216), is a unit put up for retail sale. The product consists of a lidded basket containing a corkscrew, a bottle opener, a double jigger, a cheese knife, and an ice bucket. The basket, which measures 17.3”(L) x 9.25”(W) x 19.3”(H), is constructed of 3mm-wide, interwoven polyethylene (PE) tubes, and has three internal compartments. It has strap handles and a strap closure, both constructed of polyurethane sheeting. The tools are each composed of stainless steel, while the ice bucket is constructed of zinc sheet. In their condition as imported, the basket and the barware are put up together to carry out a specific activity. They constitute "goods put up in sets for retail sale," and their tariff classification is governed by General Rule of Interpretation (GRI) 3(b) of the Harmonized Tariff Schedule of the United States (HTSUS). GRI 3(b) provides that mixtures, composite goods, 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. The essential character of the subject set is imparted by the basket, which predominates in value, bulk, function, and consumer appeal. As noted, the basket is constructed of PE tubing. As the term “tube” is not specifically defined, the polypropylene tubes from which the basket is constructed are regarded as hollow monofilament. Chapter Note 1 to Chapter 46, Harmonized Tariff Schedule of the United States (HTSUS), identifies plastic monofilament as a plaiting material: In this chapter the expression “plaiting materials” means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54. The Explanatory Notes to Chapter 46 further clarify that monofilament with a cross-section exceeding 1mm is considered to be a plaiting material. The basket, which is constructed of PE hollow monofilament measuring 3mm in cross-section, is therefore classifiable as an article made directly to shape from plaiting materials. You suggest classification in subheading 3926.90.9980, HTSUS, as Other articles of plastic: Other. As discussed above, the basket is constructed of a plaiting material of Chapter 46. Chapter 39, Note 2(n) specifically excludes plaits, wickerwork, or other articles of Chapter 46 from classification in any of the provisions of Chapter 39. The applicable subheading for the woven travel bar set will be 4602.90.0000, HTSUS, which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other (than of vegetable materials). The rate of duty will be 3.5 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 Laurel Duvall at (646) 733-3035. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division