CLA-2-73:OT:RR:NC:N1:117
Gretchen Blough
Logistics Plus Customs Broker Solutions
1406 Peach St.
Erie, Pennsylvania 16501
RE: The tariff classification of woven wire cloth from China
Dear Ms. Blough:
In your letter dated April 14, 2023, you requested a tariff classification ruling on behalf of your client, Buffalo Wire Works Company, Inc.
The product to be imported is identified as wire mesh used in equipment designed to sift, size and filter different minerals or materials. According to your submission, this woven wire cloth is made from Grades 65Mn and SWRH72A nonalloy (carbon) steel or Grade 304 stainless steel. The cloth will be imported in various mesh sizes and with or without hooks.
You suggest the applicable subheading for the wire mesh with hooks and the wire mesh without hooks to be subheading 8421.90.0140, Harmonized Tariff Schedule of the United States (HTSUS). This subheading does not exist in the HTSUS, however, we will assume you meant 8421.99.0140, HTSUS, which provides for “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Parts: Other: Parts of machinery and apparatus for filtering or purifying water.” We disagree with this classification.
In your letter, you state that the mesh screens are not designed for a specific machine or item of heading 8421, HTSUS. Instead, they can be used in various applications. This indicates that the items are not considered parts of heading 8421, HTSUS, according to Section XVI Note 2. Additionally, the end use does not appear to only be for filtering water. You state that the wire mesh is used to perform sifting, filtering and sizing of material (including aggregate, crushed stone, sand, topsoil, and other agricultural materials). Accordingly, subheading 8421.99.0140, HTSUS, is excluded from consideration.
The applicable subheading for the Grades 65Mn and SWRH72A nonalloy steel wire cloth, imported with or without hooks, will be 7314.19.0100, HTSUS, which provides for Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other. The rate of duty will be free.
The classification for the Grade 304 stainless steel wire cloth, imported with or without hooks, will be in subheading 7314.14.1000, 7314.14.2000 or 7314.14.9000, HTSUS, depending on the mesh size.
Subheading 7314.14.1000, HTSUS, provides for Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other woven cloth, of stainless steel: With meshes not finer than 12 wires to the lineal centimeter in warp or filling. The rate of duty will be free.
Subheading 7314.14.2000, HTSUS, provides for Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other woven cloth, of stainless steel: With meshes finer than 12 but not finer than 36 wires to the lineal centimeter in warp or filling. The rate of duty will be free.
Subheading 7314.14.9000, HTSUS, provides for Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven cloth: Other woven cloth,
of stainless steel: with meshes finer than 36 wires to the lineal centimeter in warp or maximum: Other. The rate of duty will be free.
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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 7314.14.1000, 7314.14.2000, 7314.14.9000 and 7314.19.0100, HTSUS, unless specifically excluded, are subject to an additional 25 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 subheadings 7314.14.1000, 7314.14.2000, 7314.14.9000 and 7314.19.0100, HTSUS, listed above.
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 trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, 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.
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