CLA-2-90:OT:RR:NC:N1:105
Ivan Shvaikov Techdom Inc. 30 N Gould Street Suite R Sheridan, WY 82801
RE: The tariff classification of a laser level, paint sprayers and a suction tool from China
Dear Mr. Shvaikov:
In your letter dated October 14, 2024, you requested a tariff classification ruling. Pictures and descriptive literature were provided for our consideration. The first item under consideration is described as the LL 16-1 laser level, which is a tool that offers four 360-degree laser planes. The upper 360-degree horizontal line is ideal for ceiling installation, while the lower 360-degree horizontal line is suitable for tile installation. With the provided lifting base, the lower 360-degree floor laser can be elevated from the surface to project over uneven terrain or obstructions. The self-leveling laser level utilizes a green laser module for brightness and stability. Compared to a red laser, the green beam shines twice as brightly under identical lighting conditions, boasting an operational span of up to 200 feet with an accuracy of plus or minus 1/9 inch within a 33-foot range. To accommodate high-light environments or outdoor settings, the pulse mode enables the laser to sustain its range of up to 200 feet when coupled with the linear laser receiver. The laser tool comes with two 2,400 mAh lithium-ion batteries for extended run time. A charger is included and the run time from one battery is up to 3 hours. The laser provides 1/4 inch mounting thread for attachment to a tripod or mounting pole and is also equipped with a 360-degree freely rotating base. The base also features 1/4 inch-20 and 5/8 inch-11 mounting threads for adapting to various tripods as well as a universal adjustable bracket (wall-mounted with magnetic mount and floor-mounted). The second item under consideration is described as the PS-1 cordless paint sprayer, which is a plastic battery-operated paint sprayer with a rechargeable 18V 2 Ah battery. The sprayer comes with six nozzles (1.3mm, 1.5mm, 1.8mm, 2.0mm, 2.5mm, and 3.0mm) and three spray patterns including horizontal, vertical, and circular. The device is used for various painting projects such as furniture, fences, interior walls, decks, garage doors, and crafts. The volume of paint output can be managed by adjusting the flow control knob, making it suitable for various projects and enabling spraying in areas inaccessible to rollers. The paint sprayer's paint flow volume can be adjusted with a 100-200ml per minute flow control knob and the airflow of 1,600ml per minute with the help of a 32,000rpm motor. The device has a 1,000ml tank capacity. The retail package includes the sprayer, 18V 2 Ah battery, six spray nozzles, a paint filter, a viscosity cup, nozzle cleaning needle, cleaning brush, dust blowing joint, pot lid, protective gloves, and a user manual. The third item under consideration is described as the PS-2 electric paint sprayer, which is a plastic corded electric-operated paint sprayer. Similar to the second item, the sprayer comes with six nozzles (1.3mm, 1.5mm, 1.8mm, 2.0mm, 2.5mm, and 3.0mm) and three spray patterns including horizontal, vertical, and circular. The device is also used for various painting projects such as furniture, fences, interior walls, decks, garage doors, and crafts. The volume of paint output can be managed by adjusting the flow control knob, making it suitable for various projects and enabling spraying in areas inaccessible to rollers. The paint sprayer's paint flow volume can be adjusted with a flow control knob and has a 1200ml tank capacity. The retail package includes the sprayer, six spray nozzles, a paint filter, a viscosity cup, nozzle cleaning needle, cleaning brush, dust blowing joint, pot lid, protective gloves, and a user manual. The fourth item under consideration is described as the VSC-1 cordless battery tile suction cup tool, which is a tile suction device with an LCD Screen and powered by a 21V battery. The device is also a portable vibration leveling machine that can be used on floors, tiles, and walls, making it a versatile tool for any project. Depending on brick size, plaster thickness and the type of project, the tile suction cup tool offers 10 levels of vibration speed which reaches up to 18,000 revolutions per minute (RPM). The suction cup tiler effortlessly and securely suctions 150kg tiles. By rotating the attachment handle, the user can achieve stable tile installation when lifting the floor without the need to constantly press the suction cup handle, thereby saving physical effort and ensuring easy operation. The device is suitable for the movement and installation up to 150 CM (59.1in) wall tiles. As stated in your letter, the applicable subheading for the laser level will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: Other: Other.” The general rate of duty will be free. Also, as stated in your letter, the applicable subheading for the PS-1 cordless paint sprayer and PS-2 electric paint sprayer will be 8424.20.9000, HTSUS, which provides for “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Spray guns and similar appliances: Other.” The general rate of duty will be free. Regarding the VSC-1 cordless battery tile suction cup tool, in your submission, you suggested classifying the device within subheading 8205.59.8000, HTSUS, which provides for hand-tools made of a material other than of iron or steel. Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Although not dispositive, the Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the tariff at the international level and facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and the GRIs. The General EN to Chapter 82 states, in part, that the Chapter “covers certain specific kinds of base metal articles, of the nature of tools, implements, cutlery, tableware, etc., which are excluded from the preceding Chapters of Section XV, and are not machinery or appliances of Section XVI…” The Tile Suction Cup Tool is powered by a battery and is not a manually operated hand-tool of Chapter 82. It is provided for within Section XVI of the HTSUS. Therefore, your suggested classification is incorrect. Under the authority of GRI 1 at the heading level, and GRIs 1 and 6 at the subheading level, the Cordless Battery Suction Cup and Tile Vibration Leveling Tool (item VSC-1) will be classified in subheading 8467.29.0090, HTSUS, which provides for “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other: Other.” The general rate of duty will be Free. Please note that pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9031.49.9000, 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., 9903.88.01, in addition to subheading 9031.49.9000, HTSUS, listed above. Please note that pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.20.9000, 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 8424.20.9000, HTSUS, listed above. Please note that pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8467.29.0090, 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 8467.29.0090, 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, 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/.
In your letter, you further request a country of origin marking ruling. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country-of-origin marking is considered conspicuous if the ultimate purchaser in the U.S. is 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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the LL 16-1 laser level, PS-1 cordless paint sprayer, PS-2 electric paint sprayer, and VSC-1 cordless battery tile suction cup tool, is the consumer who purchases the product directly from the website or through any future retail partner. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. In your letter, you provided pictures of the retail box of each article marked with “Made in China” in large bold print. In all cases, the article will be purchased in the retail box. Therefore, we find the marking of the boxes to be sufficiently marked with the country of origin.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division