CLA-2-73:OT:RR:NC:N1:113
Ms. April J. Collier, LCB, CCS
Pacific Customs Brokers Inc.
1400 A Street
Blaine, WA 98230
RE: The tariff classification and country of origin marking of couplers and adapters from China
Dear Ms. Collier:
In your letter dated May 24, 2018, on behalf of Parrish Enterprises, Ltd. dba PT Coupling Company, you requested a tariff classification and a country of origin marking ruling. Samples of the subject coupler and adapter were provided with your ruling request for our review.
The articles under consideration are identified as P/N D200 (catalog CF200D) described as a permanent mold cast aluminum coupler and P/N A200 (catalog CF200A) described as a permanent mold cast aluminum adapter. Both articles may be imported in a number of configurations measuring from 1/2” in diameter to 12” in diameter. The subject couplers and adapters will be imported separately and sold separately. You stated in your letter that “While the coupler always requires an adapter to function properly in connecting hoses, different adapters may be used with the coupler and vice versa. Both a coupler and adapter are required in order for the coupling to work as a whole, as neither part functions on its own.” The couplers and adapters will be manufactured for low flow pressure only and may be used for a number of applications including agricultural, chemical or other industrial uses.
You suggested classification for the adapters under subheading 7616.99.5160, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of aluminum, other, other, other, other, castings. Subheading 7616.99.5160, HTSUS, covers all cast articles of aluminum not elsewhere specified or included in the Nomenclature.
Regarding the processing completed on the adapters prior to import into the United States, you state that “They are cast and then machined, and imported in that condition.” In NY G81782 dated September 25, 2000, Customs determined that a steel casting that has been further processed by machining to a specific size has been advanced beyond the definition of a cast article. Therefore, machining the subject adapters after the casting process is completed has advanced the adapters beyond cast articles classifiable in subheading 7616.99.5160, HTSUS. For that reason the adapters under consideration are classifiable as other articles of aluminum, other…other.
The applicable subheading for the aluminum couplers, P/N D200, and the aluminum adapters, P/N A200, will be 7616.90.5190, HTSUS, which provides for other articles of aluminum, other, other…other. The rate of duty will be 2.5 percent ad valorem.
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 https://hts.usitc.gov/current.
You also requested a ruling on whether the proposed marking for the imported couplers and adapters with a paper or plastic stick-on label marked “China” is an acceptable country of origin marking for couplings and adapters. Marked samples were submitted with your letter for review.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of the subject couplers and adapters, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the couplers and adapters.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division