CLA-2-73:OT:RR:NC:N1:113
Mr. Todd Juneau
Juneau & Mitchell Law Firm
1727 King Street #300
Alexandria, Virginia 22314
RE: The tariff classification and country of origin marking of steel microfiber from Romania
Dear Mr. Juneau:
In your letter dated November 12, 2019, on behalf of your client Integrated Composite Construction Services, you requested a tariff classification ruling on steel microfiber. In response to our request for additional information, this office received answers to our questions on January 28, 2020. A few plastic baggies that contain the steel microfiber and pictures of the microfiber were provided for our review.
The product under consideration is described as steel microfiber that is imported in 33 lb. bags. A photo of the 33 lb. bag was submitted with your ruling request. In your letter you stated that the steel microfiber is “defined as fibers having a length from about 6-12mm and a width from 0.04-0.12mm, or approximately the width range of human hair. The good is used for reinforcement microinclusions in ultra high performance concrete (UHPC).”
You proposed classification for the steel microfiber under heading 7312, Harmonized Tariff Schedule of the United States (HTSUS), which provides for stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated. The Explanatory Notes (ENs) define stranded wire (7312) as being two or more single wires closely twisted together. You indicated in your letter that “the fibers are not twisted or stranded; just loose, straight, hair-like steel microfiber.” Therefore, the subject microfiber is precluded from classification under heading 7312 which provides for stranded wire, and your suggested subheading 7312.10.3010 for stranded wire for prestressed concrete.
You proposed a second classification under subheading 7317.00.5519, HTSUS, or 7317.00.5560, HTSUS, both of which provide for nails, tacks, drawing pins, corrugated nails, staples… and similar articles. This office disagrees. The subject microfiber does not function as nails, tacks, staples and similar articles, rather they are used to create high performance concrete.
You also suggested a third classification for the steel microfiber under subheading 7326.90.8688, HTSUS, which provides for other articles of iron or steel, other…other. However, this office disagrees. The microfiber would not be classified under subheading 7326.90.8688. HTSUS, because the microfiber is more specifically provided for under subheading 7326.20, HTSUS, which provides for other articles of iron or steel wire. As per Chapter 73, Note 2, “In this chapter the word ‘wire’ means hot- or cold-formed products of any cross-sectional shape, of which no cross-sectional dimension exceeds 16 mm.” Therefore, the steel microfiber under consideration is more specifically provided for under subheading 7326.20, HTSUS, which provides for other articles of iron or steel wire.
The applicable subheading for the steel microfiber will be 7326.20.0071, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of iron or steel wire, other. The rate of duty will be 3.9 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.
You also inquired about the country of origin marking for the steel microfiber in question. 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 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the United States who will receive the article in the form in which it was imported. Based on the information provided, the ultimate purchaser of the subject steel microfiber will be your client Integrated Composite Construction Services.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, the steel microfiber may be excepted from individual marking provided that the sealed 33 lb. bag in which the microfiber is imported is marked to indicate the country of origin of the microfiber, and the Customs officers at the port of entry are satisfied that the bags will reach the ultimate purchaser unopened.
Each sealed 33 lb. bag must be marked with the designation "Romania" or "Made in Romania." The designation "Romania" or "Made in Romania" conspicuously, legibly and permanently marked on the bag in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 is an acceptable country of origin marking for the subject steel microfiber.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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