The tariff classification of a garden twist tie from China

N296070 May 2, 2018 CLA-2-83:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 8309.90.0000 Julie Vair Senior Consultant Expeditors Tradewin, LLC. 1015 Third Avenue Seattle, WA 98104 RE: The tariff classification of a garden twist tie from China Dear Ms. Vair: In your letter dated April 9, 2018, you requested a tariff classification ruling on behalf of Sunlight Supply, Inc. The submitted sample will be returned per your request. The merchandise under consideration is the Grower’s Edge Soft Garden Plant Tie, product number 800060, which is used to attach plants to garden stakes. The product is made of flexible metal wire surrounded by soft thermoplastic rubber (TPR). The metal wire is comprised of 99 percent iron and 1 percent zinc, while the plastic coating comprises 99.98 percent TPR and 0.02 percent toner. The plant tie has a thickness of 5 millimeters and is 16 feet long wrapped around a plastic retail display hangtag. In addition to the submitted sample, you mention in your request that the Grower’s Edge Soft Garden Plant Tie is also available in a 50 foot length (product number 800065), and a 250 foot length (product number 800070). A sample was not submitted for either of these lengths. Although the subject twist ties are marketed for the purpose of securing plants, they are of the same class or kind of articles principally used as twist ties for sealing packages. The applicable subheading for the 16 foot, 50 foot, and 250 foot Grower’s Edge Soft Garden Plant Tie will be 8309.90.0000, Harmonized Tariff Schedule of the United States (HTSUS) which provides for stoppers, caps and lids, capsules for bottles, threaded bungs, bung covers, seals and other packing accessories, and parts thereof, of base metal, other. The rate of duty will be 2.6 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 https://hts.usitc.gov/current. 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 Jennifer Jameson at jennifer.d.jameson@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division