CLA-2-71:RR:NC:N1:113

Ms. Shelley M. Hooker
American Precious Metals Exchange (APMEX)
226 Dean A. McGee Avenue
Oklahoma City, OK 73102

RE: The tariff classification of minted gold bars from Australia

Dear Ms. Hooker:

In your letter dated February l4, 2012, you requested a ruling on the tariff classification of minted gold bars. Advertising/marketing literature was submitted for our review.

The merchandise under consideration is identified as the 1 ounce Perth Mint Gold Bar .9999 Fine (In Assay). The 1 ounce Perth Mint Gold Bar .9999 Fine (In Assay) features a rectangular shape with rounded edges. The gold bar under consideration has a 41/24 millimeter diameter and a thickness of 1.71 millimeters. The obverse features the Perth Mint majestic swan logo at the top of the bar, followed by the purity and weight of the bar (99.99 percent pure gold 1 ounce). The reverse of the gold bars features a kangaroo design. You indicated in your letter that each gold bullion bar comes in a tamper-proof assay card which features an individual serial number.

You proposed classification for the Perth Mint Gold Bar in question in heading 7108, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gold (including gold plated with platinum) unwrought or in semimanufactured forms. The gold bar under consideration is worked beyond the semimanufactured form and therefore, excluded from classification under heading 7108, HTSUS. The subject Perth Mint Gold Bar is classified under heading 7115, HTSUS, which provides for other articles of precious metal.

The applicable subheading for the 1 ounce Perth Mint Gold Bar .9999 Fine (In Assay) will be 7115.90.0530, HTSUS, which provides for articles of precious metal, in rectangular or near rectangular shapes, containing 99.5 percent or more by weight of a precious metal and not otherwise marked or decorated than with weight, purity, or other identifying information, of gold. The rate of duty will be free.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Ann Taub at (646) 733-3018.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division