CLA-2-72:OT:RR:NC:1:117
Mr. Mark S. Davies
L G Sourcing, Inc.
P.O. Box 1000
Mailcode 4EIM
Mooresville, North Carolina 28115
RE: The tariff classification of a Wire Trellis Mounting Kit from China.
Dear Mr. Davies:
In your letter dated September 15, 2010 you requested a tariff classification ruling. A representative sample was submitted and will be returned to your office.
The product you plan to import is described as a Wire Trellis Mounting Kit, item number 78192, used to secure a garden trellis to a fence or wall. The kit is comprised of 50 feet of nonalloy galvanized steel round wire in coil form measuring 1.5 mm in diameter and containing .06 percent by weight of carbon, 12 galvanized 2.5” X 5 mm deck screws and 12 plastic wire winding standoff spools. All of the components are packaged together in a plastic bag and will be put up as a set for retail sale in its imported condition.
Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.
The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note (X) to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.
Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article.
The Wire Trellis Mounting Kit is considered to be a set for tariff purposes in accordance with GRI 3(b). The kit consists of at least two different articles (i.e. wire, screws, spools) classifiable in different headings which have been put up together to meet a particular need, namely to secure a garden trellis to a fence or wall, and put up in a manner suitable for sale directly to users without repacking. It is the opinion of this office that the wire imparts the essential character of the set.
The applicable subheading for the Wire Trellis Mounting Kit will be 7217.20.3000, HTSUS, which provides for wire of iron or nonalloy steel, plated or coated with zinc, round wire, with a diameter of 1.5 mm or more and containing by weight less than 0.25 percent of carbon. 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 Mary Ellen Laker at (646) 733-3020.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division