us-cbp-cross-rulings-hq-083971•HQ 083971: Tariff classification of a plastic compact with or without a mirror
HQ 083971: Tariff classification of a plastic compact with or without a mirror
us-cbp-cross-rulings-hq-083971HQ 083971: Tariff classification of a plastic compact with or without a mirrorGuidance
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 083971
July 31, 1989
CLA-2 CO:R:C:G 083971 DC
CATEGORY: Classification
TARIFF NO.: 3923.10.0000
Ms. Carol A. Garrity
Sales Administrator
Garrett-Hewitt International, Inc.
901 Broadway
Suite 16
North White Plains, New York 10603
RE: Tariff classification of a plastic compact
with or without a mirror
Dear Ms. Garrity:
Your letter dated November 23, 1988, addressed to our New
York office concerning the tariff classification of a plastic
compact with or without a mirror made in Taiwan, has been
referred to this office for a direct reply to you. A sample was
submitted for examination.
FACTS:
The sample compact measures 3-1/8 inches by 3-1/4 inches and
is made of injection molded plastics. A mirror is fitted to its
inside cover. After importation the compact will be filled with
some type of cosmetics.
ISSUE:
Does the compact have an outer surface of plastic sheeting
Does the mirror or the plastic material impart the essential
character to the sample?
LAW AND ANALYSIS:
It has been suggested that this merchandise has an outer
surface of plastic sheeting and is, therefore, classifiable under
subheading 4202.32.2000, Harmonized Tariff Schedule of the United
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States Annotated (HTSUSA), as articles of a kind normally carried
in the pocket or in the handbag, with outer surface of plastic
sheeting, other.
Various dictionaries define the words "sheet" and "sheeting"
as follows:
The Random House Dictionary of the English language
(1983):
sheet 2. a broad, relatively thin, surface, layer or
covering. 3. a relatively thin, usually rectangular
form, piece, plate, or slab as of photographic film,
glass, metal, etc.
sheeting 1. the act of covering with or forming into a
sheet or sheets
Webster's Third New International Dictionary of the English
Language, Unabridged (1986):
sheet 5: A broad thinly expanded portion of metal or
other substance.
sheeting 1: a material in the form of sheets *** b:
material (as a plastic) in the form of continuous film
***.
See also Sekisui Products, Inc. v. United States,
63 Cust. Ct. 123, C.D. 3885 (1969) which cites the Webster's
definition of "sheets" with approval.
It is our position that the above-cited definitions require
a finding 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 subheading 4202.32.2000, HTSUSA.
It is also our view that a compact with a mirror is a
composite good the classification of which is governed by General
Rule of Interpretation 3(b), HTSUSA. This rule provides that
under certain circumstances composite goods made up of different
components shall be classified as if they consisted of the
component which gives them their essential character. We find
that the plastic component gives the sample compact with a mirror
its essential character.
As to whether compacts are articles for the conveyance of
packing of goods, we note that the Explanatory Notes for heading
3923, HTSUSA, state that the heading covers all articles of
-3-
plastics commonly used for packing or conveyance of all kinds of
products. Inasmuch as the subject compact is a case used to
convey cosmetics, it is classifiable under subheading
3923.10.0000, HTSUSA, as articles for the conveyance or packing
of goods, of plastics: boxes, cases, crates and similar articles.
HOLDING:
The compact with or without a mirror, is classifiable under
subheading 3923.10.0000, HTSUSA, and dutiable at the rate of 3
percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc AD NY Seaport
1cc Kevin Gorman NY Seaport
1cc Joan Mazzola NY Seaport
1cc John Durant
1cc Legal Reference
DCahill:tj:typed 06/16/89
Cahill library
name: 083971DC
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