CLA-2-40:OT:RR:NC:N1:101
Judy Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite 205
Monterey Park, CA 91754-3604
RE: The tariff classification of tires from China
Dear Ms. Awana,
In your letter dated March 6, 2013, you requested a tariff classification ruling on behalf of your client, China Manufacturers Alliance, LLC of Monrovia, California.
The items under consideration have been identified as four (4) styles of Tires which will be used on construction and/or industrial handling vehicles and machines.
You state in your request that the first style is the REM-1 Grader Tire (Product Code 1107113241) and the wheel rim diameter is 60.96 centimeters (cm).
REM-1 Grader Tire
The second style is the REM-2 Earthmover/Loader Tire (Product Code 1107147251) and the wheel rim diameter is 63.50 cm.
REM-2 Earthmover/Loader Tire
The third style is the REM-3 Skid Steer Tire (Product Code 1106342650) and the wheel rim diameter is 41.91 cm.
REM-3 Skid Steer Tire
The fourth style is the REM-6 Industrial Lug Tire (Product Code 1106358255) and the wheel rim diameter is 38.10 cm.
REM-6 Industrial Lug Tire
The applicable classification subheading for the REM-1 (Product Code 1107113241), the REM-3 (Product Code 1106342650) and the REM-6 (Product Code 1106358255) Style Tires will be 4011.93.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “New pneumatic tires, of rubber: Other: Of a kind used on construction or industrial handling vehicles and machines and having a rim size not exceeding 61 cm: Radial.” The rate of duty will be 4%.
The applicable classification subheading for the REM-2 (Product Code 1107147251) Style Tires will be 4011.94.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “New pneumatic tires, of rubber: Other: Of a kind used on construction or industrial handling vehicles and machines and having a rim size exceeding 61 cm: Radial.” The rate of duty will be 4%.
In your original ruling request, you inquired about the term “Herring-bone” Tires. Per HQ 958100 (dated March 25, 1997), “We discussed the meaning of the term "herring-bone" with the importer and various industry representatives. We determined that such term is not a current term in the U.S. industry, although one industry representative remembered the term being used in a colloquial manner in the distant past. It was used to refer to a tread pattern consisting of rows of short slanted parallel lines going in the opposite directions from the center of the tread with the slant alternating row by row. These short slanted rows would meet in the center of the tire tread to form a "V." This is in line with various dictionary definitions of the term herring-bone, including those referenced by the importer. We also consulted the Explanatory Notes (EN) to the Harmonized System, specifically 40.11 thereof, which represents the view of the international classification experts. All the tire treads pictured therein, except for one, have rows of short slanted parallel lines going in opposite directions with the slant alternating row by row, which meet in the center of the tire and form a "V". One of the tire treads pictured therein has short slanted parallel line with the slant alternating row by row and these rows meet in the center of the tire tread, they form what would appear to be a very shallow "V" which might be better described as a "U". Based on our analysis of this information, we have concluded that a true "herring-bone" tread has alternating rows of tread going in opposite directions, on the diagonal, toward the center of the tire with the tread forming a "V" shape design in the center thereof.” Therefore, none of the four (4) Tires in the ruling request are considered “Herring-bone”.
The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/.
Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
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 Matthew Sullivan at 646-733-3013.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division