CLA-2-92:OT:RR:NC:N4:424
Mr. Samuel Welch
Welch Tuning Systems, Inc.
4340 S. Pennsylvania Street
Englewood, CO 801133
RE: The tariff classification of a tuning hardware package from Taiwan
Dear Mr. Welch:
In your letter submitted June 26, 2018, you requested a tariff classification ruling.
Photographs and descriptions of the tuner, pulley housing, and claw assemblies, that will be imported with a cable as part of a tuning package, specifically for drums, were submitted with your inquiry. The tuning hardware is designed to be mounted/assembled onto drum shells by the end customer, and does not include the drum shells or hoops. The drum tuning hardware consists of die-cast zinc parts with chrome finish, stainless steel and solid brass worm gear components, POM/Delrin pulleys, and AISI 304 stainless steel cable. Other components included are rubber gaskets, hook and loop adhesive, and miscellaneous fasteners. You stated that all the die-cast parts are made in Taiwan, while the cable (and potentially the worm gear) are made in China. Everything is assembled and packaged in Taiwan with the exception of the cable, which may be packaged and imported directly from China.
The pulley housing assembly weighs approximately 80g and there are between 12-20 pulley housing assemblies per package. Each claw assembly weighs approximately 120g and there are between 16-20 claw assemblies per package. The tuner assembly weighs approximately 250g and there is one per package. Lastly, the cable is 7x7 stainless steel, approximately 1/16" in diameter and comes in 12', 20', and 26' lengths. There is one cable in each package.
In regard to the proper marking of the merchandise, 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 applicable subheading for all the tuning hardware package will be 9209.99.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts (for example, mechanisms for music boxes) and accessories (for example, cards, discs and rolls for mechanical instruments) of musical instruments; metronomes, tuning forks and pitch pipes of all kinds: other: other: The rate of duty will be 5.3%.
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.
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 Roseanne Murphy at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division