CLA-2-84:OT:RR:NC:N1:104
Amanda K. Levitt, Esq.
Sandler, Travis & Rosenberg, P.A.
675 Third Avenue, Suite 1805-06
New York, NY 10017
RE: The tariff classification of parts of injection-molding machines from China.
Dear Ms. Levitt:
In your letter dated January 12, 2022, you requested a tariff classification ruling on behalf of your client, Husky Injection Molding Systems Ltd., for “hot half” plates of a plastic injection molding machine for the molding of polyethylene terephthalate (PET) articles.
Item No. 8292174, identified as the Backing Plate, is the interface to the injection molding machine and is mounted to the stationary platen. The backing plate is attached to the air plate and holds the cross manifold during the operation. This plate remains static relative to the other hot half plates and the stationary platen.
Item No. 8292077, identified as the Air Plate, is located between the backing plate and the manifold plate, which distributes air to the pneumatic valve gates that control flow of resin to the part. During operation this plate remains static relative to the other hot half plates and the stationary platen.
Item No. 8291901, identified as the Manifold Plate, is attached to the air plate and holds the main manifolds. During operation this plate remains static relative to the other hot half plates and the stationary platen.
Item No. 8062101, identified as the Manifolds, which consists of a cross manifold and the main manifold. The cross manifold splits the resin from the injection unit into even paths for distribution into the main manifold, and the main manifold splits the resin from the cross manifold into even paths for distribution into the nozzle stacks.
You state that the subject items may be imported under two scenarios. In scenario one, each item is imported separately, and in scenario two, the items will be imported together without any other components of the hot half of a PET mold.
For scenarios one and two, the applicable subheading for Item No. 8292174 - Backing Plate, Item No. 8292077 - Air Plate, Item No. 8291901 - Manifold Plate, Item No. 8062101 - Manifolds, will be 8477.90.8501, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter; parts thereof: Parts: Other … Of injection-molding machines. The rate of duty will be 3.1 percent ad valorem.
Products of China classified under subheading 8477.90.8501, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8477.90.8501, HTSUS, listed above. See U.S. Note 20 to Subchapter III, Chapter 99, HTSUS.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 the 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 Denise Hopkins at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division