CLA-2-75:OT:RR:NC:N1:113

Mr. Lloyd D. Mahoney
Fendrich Industries, Inc.
250 Scriven Road
Tryon, NC 28782

RE: The tariff classification of nickel rotary printing screens from China

Dear Mr. Mahoney:

In your letter dated September 10, 2018, you requested a tariff classification ruling on rotary screens.  Pictures and a document entitled “Electroforming – a unique metal fabrication process” which details the process of manufacturing nickel rotary screens were submitted for our review. The subject articles are described as nickel rotary screens used for printing.  You indicated that the screens measure 1820 mm in length, 574 mm in circumference, and 125 mesh which means there are 125 holes per linear inch. They are approximately 110 microns in thickness. The rotary printing screens are made of 99.99 percent nickel and are produced using a process called electroforming. The provided document states that ASTM 832-93 describes electroforming as “the production or reproduction of articles by the electrodeposition upon a mandrel or mould that is subsequently separated from the deposit. It is therefore, a method of fabricating parts that are usually free standing once separated from the mandrel…However, there are now other procedures that are often classified as electroforming.”

The production of mesh or screen products is a major part of the nickel electroforming industry. The largest application is in the printing industry in which flat and cylindrical rotary screens are used for printing a variety of products. You indicated that your company is a textile printing operation and your principal product is printed fabric which is used in the cutting and sewing of bandannas. These bandanas are primarily used for promotional or advertising purposes.

The applicable subheading for the nickel rotary printing screens will be 7508.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of nickel: other: other.  The rate of duty will be 3 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.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS.  The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS.  Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974).  Products of China that are provided for in subheading 9903.88.01,  9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 7508.90.5000, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 7508.90.5000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 Ann Taub at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division