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

Mr. Jay L. Eizenstat
Attorney at Law
McDermott Will & Emery
500 North Capitol Street, N.W.
Washington, D.C. 20001-1531

RE: The tariff classification of gold and silver bars from Switzerland

Dear Mr. Eizenstat:

In your letter dated October 15, 2013, you requested a tariff classification ruling on behalf of your client Manfra Tordella & Brookes, Inc. (“MTB”). Photographs and specification sheets were submitted for our review.

The merchandise under consideration is identified as gold and silver PAMP bars. The bars range in weight from 5 grams up to 100 grams. The bars feature a rectangular shape with rounded edges. The gold PAMP bars are 99.99% pure gold, and the silver PAMP bars are 99.9% pure silver. The bars under consideration bear a snake insignia or the Chinese character for True Happiness. In the case of the gold and silver bars with the snake insignia, one side of the PAMP bars is stamped with the purity of gold or silver, the weight of the bar, a hallmark depicting the registered trademark name of the manufacturer (PAMP. No. 1,477,592), the country of origin (Suisse) and the insignia of a snake wrapped around a bamboo shoot. A hallmark depicting the name of the manufacturer, PAMP, is also on the packaging. In the case of the gold and silver bars with the Chinese character for True Happiness, one side of the PAMP bars is stamped with the purity of gold or silver, the weight of the bar, a hallmark depicting the registered trademark name of the manufacturer (PAMP. No. 1,477,592) and the country of origin (Suisse). The opposite side of the bar depicts the Chinese character for True Happiness. A hallmark depicting the name of the manufacturer, PAMP, is also on the packaging. You indicated in your letter that the gold and silver bars are either packaged individually in a protective plastic case which is also its certification of authenticity, and which indicates the purity and weight, or loose in boxes that contain large quantities of gold or silver bars. In the case of the loosely packaged bars, the weight and purity of the bars is indicated on the bars, and on the exterior of the box.

The applicable subheading for the gold bars that bear a snake insignia or the Chinese character for True Happiness will be 7115.90.0530, Harmonized Tariff Schedule of the United States (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.

The applicable subheading for the silver bars that bear a snake insignia or the Chinese character for True Happiness will be 7115.90.0560, 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 silver. 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,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division