The tariff classification a textile cell phone strap from China

N305768 September 11, 2019 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889; 9903.88.15 Mr. Ted Conlon Fourstar Group USA Inc. 189 Main St., Suite 31 Milford, MA 01757 RE: The tariff classification a textile cell phone strap from China Dear Mr. Conlon: In your letter dated August 12, 2019, you requested a tariff classification of a cell phone strap. Two samples of the cell phone strap were submitted. The samples were examined and will be retained for reference purposes. The cell phone strap is made up from a narrow woven elastic fabric composed of polyester. Two metal clamps, which may be decorated with glitter or other decorations, are attached onto both ends of the fabric, and adhesive tape with protective liners are affixed onto the clamps. The protective liner is removed by the consumer, revealing the adhesive portion, which allows the strap to be placed onto the back of a cell phone or mobile device. This allows the user to multitask while continuing to hold and use a cell phone or mobile device. The cell phone strap is a composite good that consists of several components and each of those components are classified in several 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. GRI 2 (b) states that goods consisting of more than one material or substance are classifiable according to GRI 3. Here, the sample merchandise consists of three different components which fall under different headings in the Nomenclature; thus, the item is not properly classifiable according to GRI 2(b) and GRI 3 becomes applicable. Since no one heading in the tariff schedules covers all the components of the subject cell phone strap 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. Moreover, because there is no specific heading, and it is an article composed of a textile fabric, it meets the definition of a “made up” article according to the terms of Note 7 to Section XI, HTSUS. Therefore, in accordance with GRI 3(b), it is the opinion of this office that the textile component, the narrow woven elastic fabric, imparts the essential character of the article and thus determines the classification.The applicable tariff provision for the textile cell phone strap will be 6307.90.9889, HTSUS which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 6307.90.9889, HTSUS, unless specifically excluded, are subject to the additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15 in addition to subheading 6307.90.9889 HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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, please contact National Import Specialist Adleasia Lonesome via email at Adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division