The tariff classification of a plastic electronic device accessory from China.

N303877 April 26, 2019 CLA-2-39:OT:RR:NC:N4:415 CATEGORY: Classification TARIFF NO.: 3926.90.9990 Mr. Paul Gooheen K&C Fashion Trading LTD Flat 1A, 54 Warwick Street London, SW1V 2AJ United Kingdom RE: The tariff classification of a plastic electronic device accessory from China. Dear Mr. Gooheen: In your letter dated April 10, 2019, you requested a tariff classification ruling. The item under consideration is described as a plastic pop up socket that features a dyed deer hide sticker affixed to the top, which can be printed with the consumer’s initials. This accessory is attached, using adhesive, to the back of an electronic device, such as a cellphone or a tablet, and functions as a collapsible grip and stand. The product will come in the following colors: black, yellow, green, gold, silver, white, red, tabby, and blue. Each color will have a unique SKU/UPC code. As the plastic cellphone accessory would be considered an article of plastic and as it is not provided for more specifically elsewhere, the applicable subheading will be 3926.90.9990, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 5.3 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 at https://hts.usitc.gov/current. As pictured in the provided attachment “Doc1 pop up usa customs.doc,” the article in question appears to bear a mark that is substantially indistinguishable from POPSOCKETS, TMK 16-00936, USPTO Reg. No. 4572125. Section 526(e) of the Tariff Act of 1930, as amended, provides that merchandise bearing a counterfeit mark within the meaning of section 1127 of Title 15, that is imported in violation of section 1124 of Title 15, shall be seized and, absent the consent of the trademark owner, forfeited for violations of the customs laws. 19 U.S.C. § 1526(e). See 19 C.F.R. § 133.21. Section 45 of the Lanham Act defines the term “counterfeit” as meaning “a spurious mark that is identical with or substantially indistinguishable from, a registered mark.” 15 U.S.C. § 1127.   Additionally, the general exclusion order issued by the U.S. International Trade Commission in Investigation No. 337-TA-1056 (“1056 GEO”) bars the entry for consumption of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more of claims 9–12 of U.S. Patent No. 8,560,031. A party seeking to import a product potentially covered by an exclusion order has the burden to establish noninfringement as a condition of entry. See Hyundai Elecs. Indus. Co. v. Int’l Trade Comm’n, 899 F.2d 1204, 1210 (Fed. Cir. 1990). Additional details regarding CBP’s interpretation of the 1056 GEO can be found in Headquarters ruling H300761, dated December 18, 2018, available at https://rulings.cbp.gov. Nevertheless, based on the information submitted with the ruling request, it appears likely that the article in question is subject to the 1056 GEO and as such would be excluded from entry for consumption into the U.S. 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 Kristopher Burton at kristopher.burton@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division