CLA-2-39:OT:RR:NC:N4:415
Mr. Diego Jair Atahua
Apex Safety Products
Jose Pardo Avenue 1167, Office 305
Lima, 15074
Peru
RE: The tariff classification of plastic road safety products from China and Thailand.
Dear Mr. Atahua:
In your letter dated June 25, 2021, you requested a tariff classification ruling.
Product literature with images was submitted in lieu of samples. The yellow traffic signal lamp and the reflective vests, which were included in this request, will be separately addressed in ruling numbers N320235 and N320250, respectively.
There are three products under consideration. They are all designed to aid in the warning of safety hazards.
The first product is described as the “Retractable Bar,” under the brand name Clute. The yellow and black striped bar is made from polyvinyl chloride (PVC), has an inner diameter of eight centimeters, and extends from 150 centimeters to 215 centimeters in length. It is designed to be placed over traffic cones in order to link them to delimit spaces and prevent passage between cones. Per your correspondence, the bar will be produced and imported from China.
The second product under consideration is described as the “Safety and Barrier Fence,” under the brand name Anluc. Per your correspondence, this product is made of PVC, and some orders will be produced and shipped from Thailand and others will be produced and shipped from China.
The mesh barrier fence measures one meter in height and 45 meters in length. It is treated with anti-UV and antioxidant additives and is resistant to alkaline and acidic agents in the soil, as well as to ultraviolet rays, atmospheric agents, and stretching. It is fluorescent orange in color, making it useful for delimiting construction sites, and is available in both a light and heavy version.
The third item under consideration is the “Safety Cones,” also imported under the brand name Anluc. Per your correspondence, the cones will be produced and imported from China. They are made of PVC and have a heavy base for greater stability. They are available in 12 inches, 18 inches, 28 inches, and 36 inches, and are offered in both orange and fluorescent yellow.
As the “Retractable Bar” and “Safety Cones” would both be considered articles of plastic, and as they are not more specifically provided for elsewhere, the applicable subheading will be 3926.90.9985, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem.
The applicable subheading for the “Safety and Barrier Fence” will be 3925.90.0000, HTSUS, which provides for “[b]uilders' ware of plastics, not elsewhere specified or included: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3926.90.9985, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3926.90.9985, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3925.90.0000, 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 subheading 3925.90.0000, 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.
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 at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division