Mr. Vito Guerreri
The Linen Chest Inc. (Phase 2)
4455 Autoroute des Laurentides
Laval, QC H7L 5X8
Date of issuance of ruling: September 21, 2015
This is in response to a request submitted on your behalf by TraidAid for an advance ruling on the tariff classification of Soap Dish made of Water Buffalo Bone. This product is exported from Skakti India, Galubbari, Katghar, India.
|Effective Date:||September 21, 2015|
The "Soap Dish made of Water Buffalo Bone" is part of a bathroom accessories ensemble. According to the information received, the exact composition is as follow: 50% Medium Density Fiber (MDF), 35 % bone and 15% resin. The surface area is completely covered by an intricate, trellis pattern, bone inlay.
Analysis and Justification
Despite the fact that the inlay of bone is representing a lesser percentage of the product composition in comparison with the MDF, it is what gives this product its essential character.
According to Explanatory Note to heading 96.01, "Articles overlaid or inlaid with animal carving materials are classified in this heading, provided the overlaying or inlaying forms the main characteristic of the finished article. This may be so in the case of wooden boxes, caskets, etc., overlaid or inlaid with animal carving materials, e.g., ivory, bone, tortoise-shell or horn."
Being an article of Heading 96.01 by application of General Interpretive Rule 3b, this article is excluded from Chapter 44 by Note 1 (q) to Chapter 44 which states: "this Chapter does not covers articles of Chapter 96."
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
In accordance with GIR 3b and 6, the product is classified under tariff classification number 9601.90.00.00.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the Canada Border Services Agency (CBSA) for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA's Memorandum D11-11-3, Advance Rulings for Tariff Classification.
This advance ruling is considered 'reason to believe' for the purposes of section 32.2 of the Customs Act and the CBSA's Administrative Monetary Penalty System, described in Memorandum D22-1-1.
All Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3. The ruling will be published on the CBSA website in 30 days.
Manager, Tariff Policy Unit 'B'
Trade Policy Division
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