CLA-2-84:OT:RR:NC:N1:103

David Robeson
Mohawk Global
123 Air Cargo Road
North Syracuse, NY 13212

RE: The United States-Mexico-Canada Agreement (USMCA) eligibility of a cascading belt conveyor

Dear Mr. Robeson:

In your letter dated May 22, 2025, on behalf of your client, Gorbel, you requested a determination on the eligibility of duty free treatment for a cascading conveyor under the USMCA.

The subject cascading belt conveyor, model number AE-DT24081-H-I, uses a moving belt system to transport goods. It consists of an aluminum base that supports a cascading table assembly made up of six individual conveyor belt sections. The sections extend up to 79 feet, forming a single continuous conveyor with a belt system that can move either forward or reverse and up to 120 feet per minute.

The applicable subheading for the cascading belt conveyor, model number AE-DT24081-H-I, will be 8428.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other continuous-action elevators and conveyors, for goods or materials: Other, belt type.” The general rate of duty will be free.

The cascading belt conveyor is assembled in Canada using Canadian and Polish components. The Polish components include a conveyor body assembly with the tables and belting sections (integrated with internal mechanical and electrical components) mounted on a structural base. Additional unassembled mechanical components from the manufacturer are shipped together with the assembly. In Canada, workers add a control panel, electrical box, emergency stop buttons, sensors, and a hitch, which is used to connect the unit to other conveyor assemblies or handling equipment. Even though the Polish assembly is entered in Canada under subheading 8428.33, you inquire whether it can be considered a part under subheading 8431.39 for the purposes of determining USMCA eligibility.

Merchandise is classifiable under the HTSUS in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. GRI 2(a) extends the scope of the HTSUS headings to include unfinished articles, provided the unfinished article has the essential character of the finished article. GRI 2(a) further states that, “Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or failing to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.” Under GRI 2(a), the factor or factors which determine essential character will vary with the merchandise. It may, for example, be determined by the nature of a component or components, their bulk, quantity, weight or value, or the role of a component or components in relation to the use of the good. It is the opinion of this office that the Polish cascading body subassembly in its imported condition possesses the essential character of a complete belt conveyor.

The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note (GN) 11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. GN 11(b) states:

For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a “good originating in the territory of a USMCA country” only if—

(i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries; (ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials; (iii) the good is a good produced entirely in the territory of one or more USMCA countries using non-originating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o));

Since the cascading belt conveyor contains non-originating materials, it is not considered a good “wholly obtained” or “produced entirely in a USMCA country” under GN 11(b)(i) and GN 11(b)(ii). We must next determine whether the cascading belt conveyor qualifies under GN 11(b)(iii). Since the finished cascading belt conveyor is classified under subheading 8428.33, HTSUS, the applicable rule of origin is in GN 11(o)/84.89, HTSUS, which provides for “a change to subheadings 8428.10 through 8430.69 from any other subheading, including another subheading within that group.” Based on the facts presented, and as noted above, the non-originating conveyor body assembly is also classified under subheading 8428.33, HTSUS. Accordingly, the cascading belt conveyor will not qualify as a USMCA originating good.

Based on the totality of the circumstances, the country of origin of the cascading belt conveyor will be Poland for the purposes of applying additional duties.

Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading 8428.33.0000, HTSUS, listed above.

The tariffs and additional duties cited above are current as of this ruling’s issuance. 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/. 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 Paul Huang at [email protected].
Sincerely,

(for)
James Forkan
Acting Director
National Commodity Specialist Division