The tariff classification of a Bratz selfie stick from China

N268229 September 21, 2015 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5090 Ms. Ninette Pembleton MGA Entertainment 16300 Roscoe Blvd. #150 Van Nuys, CA 91406 RE: The tariff classification of a Bratz selfie stick from China Dear Ms. Pembleton: In your letter dated July 22, 2015, you requested a tariff classification ruling on the Bratz Selfie Stick + Jade Doll that will be imported packaged together with a remote control device, article number 539667. We have already ruled on the classification for the Jade Doll and the remote control device in New York Ruling N267084 dated August 20, 2015. However, additional information was requested on the selfie stick in order to issue a ruling. We received your resubmission dated August 27, 2015, which included answers to our questions and a sample of the product that will be returned to you as requested. This ruling addresses the classification of the selfie stick. The item under consideration is identified as the Bratz Selfie Stick with a lip attachment. The product consists of an aluminum telescoping pole with a silicon grip and can extend to approximately 16.5 inches in length. The pole has a plastic platform with a ¼ inch universal screw located at the top. The attachment consists of a lip shaped plastic phone holder with a phone mount that has a ¼ inch universal thread insert at the bottom that can be mounted directly onto the screw at the top of the selfie stick. The stick can also be used without the attachment. A camera that is designed to be attached to a selfie stick can be mounted directly onto the screw at the top of the platform. The selfie stick allows the user to take photos with their smart phone or camera in hard to reach locations at various angles. The Bratz Selfie Stick in question is a composite article that consists of aluminum and plastic components that are classified in different headings. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) 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 aluminum and plastic components of the Bratz Selfie Stick with a lip attachment 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. As the Bratz Selfie Stick under consideration is a composite good, we must apply rule GRI 3(b), which provides that composite goods are to be classified according to the component that gives the goods their essential character. EN VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or the use of the goods.” We must determine whether the aluminum or plastic components impart the essential character to the article in question. It is the role of the constituent materials or components in relation to the use of the good that imparts the essential character. In this case, extending the aluminum pole allows the user to take photos from hard to reach places. Therefore, it is the opinion of this office that the aluminum component imparts the essential character to the selfie stick. In accordance with GRI 3(b), the Bratz Selfie Stick will be classifiable in heading 7616, HTSUS, which provides for other articles of aluminum. The applicable subheading for the Bratz Selfie Stick with a lip attachment will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 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 Ann Taub at Ann.Taub@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division