us-cbp-cross-rulings-hq-083386•HQ 083386: Tissue tote and cotton ball/applicator tip organizers
HQ 083386: Tissue tote and cotton ball/applicator tip organizers
us-cbp-cross-rulings-hq-083386HQ 083386: Tissue tote and cotton ball/applicator tip organizersGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 083386
September 15, 1989
CLA-2 CO:R:C:G 083386 DSN
CATEGORY: Classification
TARIFF NO.: 3923.10.0000, 3924.90.5000
Mr. Edward J. Murray
Director of Importing
Allied of Chicago, Inc.
190 Carpenter Avenue
Wheeling, IL 60090
RE: Tissue tote and cotton ball/applicator tip organizers
Dear Mr. Murray:
This ruling letter is in reference to your request of May
3, 1988, for tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), for organizers
produced in China or Hong Kong. Samples were submitted for
examination.
FACTS:
Three samples were submitted. Style number V108 is a
tissue tote which measures approximately 3 inches by 4 inches.
It is made of injected molded plastic with a a metal strip across
the top of the case. The inside top cover contains a mirror
while the bottom cover is fitted with a cut-out oval tray
designed to hold tissues in place. The tissues are packaged
inside the tote case.
The other two samples consist of a decanter style
organizer, of clear acrylic plastic, designed for storing cotton
balls and applicator tips, or make-up sponges. The organizer
consists of two separate containers attached at the base. One of
the containers is slightly taller and has a slightly larger
diameter than the other container. Each container has a separate
top. One sample contains make-up sponges and eye makeup (tip)
applicators and the package describes the product as a "sponge 'n
applicator", which measures approximately 5 inches by 5-1/2
inches which keeps puffs, swabs, pens, pencils, candies in easy
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sight. The box describes this product as providing hundreds of
uses. The cosmetic accessories that are provided are from
Taiwan, although the cotton balls may also be purchased from
South Korea or Hong Kong. The other sample is identical except
it does not contain any cosmetic accessories. It is packaged as
a cotton ball and swab holder and the box does not list any other
uses.
ISSUE:
How are the samples at issue classified under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. Pursuant to GRI 1, the plastic decanter alone
would be classified in heading 3924, HTSUSA, as other household
and toilet articles. However, since one of the decanters and the
compact tissue tote contains cosmetic accessories, and no one
heading describes the complete article, classification is in
accordance with GRI 3.
GRI 3(b) provides that goods put up in sets for retail sale
which cannot be classified by GRI 3(a), are classified as if they
consisted of the material or component which gives them their
essential character. The Explanatory Notes constitute the
official interpretation of the tariff at the international level.
The Explanatory Notes for GRI 3(b) state that goods put up in
sets for retail sale are those which consist of at least two
different articles which are classifiable in different headings;
consist of products of articles put up together to meet a
particular need or carry out a specific activity; and are put up
in a manner suitable for sale directly to users without
repacking.
The two articles at issue are classifiable under different
headings because they contain tissues, mirror, sponges, and/or
eye makeup applicators as well as the decanter or tote. They are
also put together to meet a particular need of the consumer in
having their cosmetic accessories in specific containers. In
addition, the articles are suitable for sale directly to the
purchaser without repacking. Thus, the cosmetic accessories and
the decanters are considered sets.
Having determined that the two samples are considered sets,
we must decide the essential character in order to properly
classify the samples. According to the Explanatory Notes to GRI
3(b), essential character may be determined by the nature of the
material or component, its bulk, quantity, weight or value, or by
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the role of a constituent material in relation to the use of the
goods. It is our opinion that the containers impart the
essential character because their value is much greater than the
value of either the sponges or applicators or tissues. These
cosmetic articles are merely included with the containers as an
inducement to purchase the holders.
With respect to the classification of the tissue case,
subheading 4202.32.2000, HTSUSA provides for articles of the kind
normally carried in the pocket or in the handbag, with outer
surface of plastic sheeting, other. Inasmuch as Heading 4202,
HTSUSA, provides only for "...similar containers, of leather or
of composition leather, of composition leather, of plastic
sheeting, of textile materials, of vulcanized fiber or of
paperboard, or wholly or mainly covered with such materials, if
the tissue case is not of plastic sheeting it does not fall in
heading 4202, HTSUSA. Therefore, if the tissue case does not have
an outer surface of plastic sheeting, the issue becomes whether
is it considered plastic articles for the coveyance or packing of
goods. If so, the tissue case will be classifiable in the
provision for these articles under subheading 3923.10.00, HTSUSA.
It is our position that an article which is made directly
from a mass of plastic which never becomes a "sheet" or
"sheeting" and which never has a "sheet" or "sheeting" applied to
its surface cannot be classified under the provision for articles
with outer surface of plastic sheeting under subheading
4202.32.2000, HTSUSA. In HRL 082262 of August 14, 1989, a
plastic tissue case similar to the sample at issue was classified
under subheading 3923.10.0000, HTSUSA, based on the same
analysis. See also HRL 083600 of May 24, 1989, and HRL 084657 of
June 13, 1989, where a lipstick case and a cosmetic compact were
classified under heading 3923, HTSUSA.
HOLDING:
The tissue case is classified under subheading
3923.10.0000, HTSUSA, which provides for articles for the
conveyance of packing of goods, of plastics, boxes, cases, crates
and similar articles, and dutiable at the rate of 3 percent ad
valorem.
The decanter style organizers are classified under
subheading 3924.90.5000, HTSUSA, which provides for other
household articles and toilet articles, of plastics, other,
other, and dutiable at the rate of 3.4 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
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