CLA-2-84:OT:RR:NC:1:102
Ms. Sara Moffatt
Phoenix International
1501 N. Mittel Blvd., Suite A
Wood Dale, Illinois 60191
RE: The tariff classification of hydraulic connectors from Italy.
Dear Ms. Moffatt:
In your letter dated June 5, 2013, on behalf of Kuriyama of America Inc., you requested a tariff classification ruling. Representative samples were submitted with your request and will be returned to you.
The products to be imported are R1A Series hydraulic connectors. These pieces are comprised of a bite sleeve and nut and are specifically designed to fit within H Series hydraulic hose fittings to form complete standpipe assemblies. You state that these hydraulic connectors are used exclusively in hydraulic systems.
The applicable subheading for the hydraulic connectors will be 8412.90.9015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other engines and motors and parts thereof, parts other, of hydraulic power engines and motors, other. 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/.
In your request you indicate that Kuriyama imports the R1A Series hydraulic connectors solely for use as components of larger assemblies and that they are not sold as individual items. You request that these connectors be excepted from individual marking.
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.
Pursuant to section 134.35, Customs Regulations (19 C.F.R. §134.35), an imported article that is substantially transformed in the U.S. is excepted from individual country of origin marking and only the outermost containers of the imported articles must be marked with the country of origin. An article is substantially transformed if it is "so processed in the U.S. that it loses its identity in a tariff sense and becomes an integral part of a new article having a new name, character and use." U.S. v. Gibson-Thomsen Company, Inc., 27 CCPA 267 (1940).
In accordance with 19 C.F.R. §134.35, if the imported hydraulic connectors are assembled with other components to become an integral part of a new article having a new, character and use, then Kuriyama is the ultimate purchaser of the imported connectors, and the connectors are excepted from individual marking. The port director at the port of entry must be satisfied that the connectors are imported in properly marked containers and that the ultimate purchaser will receive the connectors in these containers.
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 the National Import Specialist April Cutuli at (646) 733-3009.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division