The tariff classification of a plastic craft caddy from China.

N336292 November 13, 2023 CLA-2-39:OT:RR:NC:N4:415                                                                                                CATEGORY: Classification TARIFF NO.: 3926.90.9985; 9903.88.15 Maribeth Dedmon Dollar General Corporation 100 Mission Ridge Goodlettsville, TN 37072 RE:      The tariff classification of a plastic craft caddy from China. Dear Ms. Dedmon: In your letter dated November 2, 2023, you requested a tariff classification ruling. An image was provided in lieu of a sample. The product under consideration is described as a large craft caddy, SKU number 35349701. The caddy is constructed from injection molded polypropylene plastic and features two compartments on either side of the carrying handle. It measures 15.7 inches by 9.5 inches by 7 inches. In your submission you question whether it would be classified under subheading 3924.90, which provides for other household articles of plastics. However, this craft caddy is not of the same class or kind as the exemplars of other household articles, of plastics, listed in the Explanatory Notes for heading 39.24. Thus, this would be classified in the other mentioned subheading as an other article of plastic of subheading 3926.90. As the large craft caddy, SKU number 35349701, would be considered an article of plastic, and as it is not more specifically provided for elsewhere, the applicable subheading will be 3926.90.9985, 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. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3926.90.9985, HTSUS, unless specifically excluded, are subject to an additional 7.5 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 3926.90.9985, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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