CLA-2-84:OT:RR:NC:N1:105

Trent Miller
Tag-A-Room
11031 Perrin Beitel Road
San Antonio, TX 78217

RE: The tariff classification of an Industrial Tape Gun Dispenser from China.

Dear Mr. Miller:

In your letter dated May 9, 2019, you requested a tariff classification ruling.

The product at issue is identified as an Industrial Tape Gun Dispenser. The tape dispenser is a hand-held device used to seal the flaps of a carton or box closed. The dispenser is comprised of a plastic handle bolted to a metal body. The body incorporates a plastic holder onto which a roll of tape is loaded, as well as a dispensing mechanism that includes a plastic roller applicator, a finger-activated tape break, and a metal cutting blade.

The applicable subheading for the Industrial Tape Gun Dispenser will be 8422.30.9191, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Dishwashing machines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat-shrink wrapping machinery); machinery for aerating beverages; parts thereof: Machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; machinery for aerating beverages: Other: Other: Machinery for filling, closing, sealing, capsuling or labeling boxes, bags, or similar containers: Other. The rate of duty will be free.

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 subheadings 8422.30.9191, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  If the merchandise is from China, you must report the Chapter 99 subheading, i.e., 9903.88.01 in addition to the corresponding subheading 8422.30.9191, HTSUS, listed above at the time of importation.

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. 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 Jason Christie at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division