N308850

N308850 February 7, 2020 CLA-2-63:OT:RR:NC:N3:349 CATEGORY: Classification TARIFF NO.: 6307.10.2030; 6307.90.9889; 9903.88.15 Mr. Mathew Samuel EXCITE USA, LLC 4393 Sunbelt Dr. Addison, TX 75001 RE: The tariff classification of various sponges and scouring pads from China Dear Mr. Samuel: In your letter dated November 11, 2019 and received on January 9, 2020, you requested a tariff classification ruling. Six samples were provided and will be retained for training purposes. All six samples are stated to be used for cleaning dishes, utensils and cookware. You subsequently withdrew your ruling request with respect to one of the items, Item # SE005. Item # SP001 is a scouring sponge comprised of a plastic foam sponge covered entirely with a tubular knit pile polyester fabric which provides a coarse cleaning surface. Additional polyester monofilaments have been inserted into the knit fabric to increase the coarse texture of the outer surface. The ends of the pad are heat sealed. The rectangular shaped scouring sponge measures approximately 3 ¼ x 4 ½ x 5/8 inches. Item # SSS002 is a scouring sponge comprised of a plastic foam sponge covered entirely with a tubular knit polyester fabric in which metallized strips, measuring 1 millimeter in width, have been inserted to create a coarse texture. The ends of the pad are heat sealed. The rectangular shaped scouring pad measures approximately 3 x 5 x ½ inches. Item # APS003 is a rectangular shaped plastic foam sponge covered entirely in a knit polyester mesh fabric. The ends of the fabric and sponge are heat sealed. The rectangular shaped sponge measures approximately 4 x 5 ½ x 1 inches. Sponges of these materials and construction are typical of those used as all purpose cleaning sponges. Item # SS004 is a rectangular shaped plastic foam sponge covered entirely in a knit pile polyester fabric in a pink and white herringbone pattern. One side includes another layer consisting of a knit mesh fabric. All four sides of the sponge are sewn closed. The rectangular shaped sponge measures approximately 3 ½ x 5 ½ x 1 inches. The sponge is suitable as an all purpose cleaning sponge. Item # SS006 is a dish scourer glued to a plastic knob. The round, 3 ¼ diameter, scourer is formed by layering knit mesh fabric formed from polyester strip measuring 1 millimeter in width. You propose classification for these items under subheading 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), as household articles of plastic. However, in each case, the outermost scrubbing surface is in the form of a textile, excluding it from Chapter 39. See Chapter 39 Note 2(p), which excludes from Chapter 39 “Goods of Section XI (textiles and textile articles).” The applicable subheading for Items APS003 and SS004 will be 6307.10.2030, HTSUS, which provides for “Other made up articles, including dress patterns: Floorcloths, dishcloths, dusters and similar cleaning cloths: Other: Other.” The rate of duty will be 5.3 percent ad valorem. The applicable subheading for Items SP001, SSS002 and SS006 will be 6307.90.9889, HTSUS, which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.10.2030 and 6307.90.9889, HTSUS, unless specifically excluded, are subject to an 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 subheadings 6307.10.2030 and 6307.90.9889, 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, 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 on the 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, contact National Import Specialist Kim Wachtel at kimberly.a.wachtel@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division