CLA-2-84:OT:RR:NC:N1:102
Ms. Jackilyn Gail Swaisgood
Omar Associates LLC
624 North State Route 4
Attica, Ohio 44807
RE: The tariff classification of steel balls from China
Dear Ms. Swaisgood:
In your letter dated June 15, 2001 you requested a tariff classification and marking ruling. Descriptive information was submitted.
The articles in question are described as 25 millimeter steel balls for use in conveyor systems in the food processing industry. The descriptive information submitted reveals that the balls are graded “G200” as specified by standards set by the Anti Friction Bearing Manufacturers Association (AFBMA).
The maximum and minimum diameters of Grade 200 steel balls do not differ from the nominal diameter by more than the lesser of one percent of the nominal diameter, i.e. 25 millimeters, or 0.05 millimeters. In accordance with note 6 to chapter 84 of the Harmonized Tariff Schedule of the United States (HTSUS), such polished steel balls are provided for in heading 8482, HTSUS.
The applicable subheading for the subject steel balls will be 8482.91.0010, HTSUS, which provides for balls of alloy steel. The rate of duty will be 4.4 percent ad valorem.
In your request you also inquire as to the required marking for the steel balls and the applicability of antidumping margins.
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. Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 C.F.R. §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. 19 C.F.R. §134.32(a) provides an exception to marking an article, if that article is incapable of being marked. We find that due to the single continuous surface presented by the geometry of the steel balls and the requirements imposed on the finish of that surface by the applications for which the subject articles are intended, the individual steel balls are incapable of being marked. Accordingly, under 19 C.F.R. §134.32(a), the steel balls are excepted from country of origin marking. However, 19 C.F.R. §134.22 provides that when an article is excepted from the marking requirements, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country origin of the article.
The proposed marking of the inner and outer containers for the imported steel balls “Made in China” will satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, provided the steel balls will reach the ultimate purchaser in the original marked packaging. If the balls will be taken out of the original packaging and repacked prior to reaching the ultimate purchaser, the certification requirements set forth in 19 C.F.R. §134.25 will apply.
You also asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/.
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 Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division