Radio Frequency Identification (RFID) labels; GRI 5(b)

N341707 August 22, 2024 CLA-2-85:OT:RR:NC:N2:208 CATEGORY: Classification Ms. Julie Vair Tradewin 1015 Third AvenueSeattle, WA  98104 RE:  Radio Frequency Identification (RFID) labels; GRI 5(b) Dear Ms. Vair: In your letter dated July 30, 2024, you requested a ruling on behalf of your client, Cargo Signal Solutions, LLC. The merchandise under consideration is referred to as “Reelables A Label,” which are smart labels.  These smart labels store data (airway bill information), which can be read by specific Bluetooth Low Energy (BLE) readers.  The “Reelables A Labels” are presented recorded, and no additional data can be recorded after importation.  The smart label can be printed with shipping information on them.  Moreover, these self-adhesive labels will be affixed to an outer shipping package by the forwarder and to allow packages to be tracked when in the range of a reader.  These labels are disposable and are discarded as part of the packaging after receipt at destination.  You ask whether the labels can be treated as packing materials as provided for in GRI 5(b) of the Harmonized Tariff Schedule of the United States (HTSUS). After reviewing the subject merchandise, we have determined that the “Reelables A Labels” can be considered packing materials within the meaning of GRI 5(b) when they are imported with the articles for which they are intended, are of a kind normally used with such goods, and are not suitable for repetitive commercial use.  Accordingly, pursuant to GRI 5(b), it is the opinion of this office that the subject Smart Labels are normal packing materials and classified with the goods with which they are entered. See HQ 966961. 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/manner, 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 and Border Protection 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 Lisa Cariello at lisa.a.cariello@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division