OT:RR:NC:N5:121
Jeff Wilhelm
Larsen & Shaw Limited
575 Durham Street West
Walkerton, Canada
RE: The eligibility of the United States-Mexico-Canada Agreement (USMCA) of aluminum hinges from
Canada
Dear Mr. Wilhelm:
In your letter dated June 19, 2025, you requested a binding ruling on the tariff classification and eligibility of
aluminum hinges under the United States-Mexico-Canada Agreement (USMCA).
The articles under consideration are described as aluminum hinges. They are continuous, or piano, hinges
used for doors. The hinges are made from raw aluminum from Canada, Oman, or Bahrain and are wholly
manufactured into hinges in Canada.
USMCA:
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 Harmonized Tariff Schedule of the United States (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));
The subject aluminum hinges that are made with Canadian sourced aluminum are considered a good wholly
obtained or produced entirely in a USMCA country under GN 11(b)(i). Since all of the ingredients in these
specific hinges are USMCA originating, the product is a good produced entirely in the territory of one or
more USMCA countries, exclusively from originating materials under GN 11(b)(ii). Based on the facts
provided, the aluminum hinges that are made with Canadian sourced aluminum described above qualify for
USMCA preferential tariff treatment, because they will meet the requirements of HTSUS General Note
11(b)(ii). The aluminum hinges made with Candian sourced aluminum are considered originating goods
under the USMCA and eligible for preferential treatment.
However, since the aluminum hinges that are made with aluminum sourced in Oman or Bahrain contain
non-originating ingredients, those hinges are not considered a good wholly obtained or produced entirely in a
USMCA country under GN 11(b)(i), nor are the products produced exclusively from originating materials per
GN 11(b)(ii). Thus, we must determine whether the product qualifies under GN 11(b)(iii). The aluminum
hinges are classified within subheading 8302.10.6030, which provides for Hinges, and parts thereof: Of iron
or steel, or aluminum or of zinc: Other…Suitable for interior and exterior doors (except garage, overhead or
sliding doors). The applicable tariff shift rule for merchandise classifiable under heading 8302.10.6030
HTSUS, is in GN 11(o), HTSUS, which provides, in relevant part:
A change to headings 8302 through 8304 from any other heading, including another heading within that
group.
Since the foreign-origin aluminum is classified outside of subheadings 8302 through 8304, HTSUS, the
requisite tariff shift rule is met. Based on the facts provided, the aluminum hinges that are made with
aluminum sourced in Oman or Bahrain qualify for USMCA preferential tariff treatment, because they will
meet the requirements of HTSUS General Note 11(b)(iii). The aluminum hinges that are made with
aluminum sourced in Oman or Bahrain are considered originating goods under the USMCA and eligible for
preferential treatment.
On March 12, 2025, Presidential proclamation 10895 imposed additional tariffs on certain derivative
aluminum products. Additional duties for derivative aluminum products of 50 percent are reflected in
Chapter 99, headings 9903.85.04, 9903.85.07, and 9903.85.08. Products provided by heading 9903.85.08, as
well as products of Chapter 76 provided by 9903.85.04 and 9903.85.07, will be subject to a duty of 50
percent upon the value of the aluminum content. At the time of entry, you must report the Chapter 99 heading
applicable to your product classification, i.e. 9903.85.08, in addition to subheading 8302.10.6030, HTSUS.
Derivative aluminum articles processed in another country from aluminum articles that were smelted and cast
in the United States, provided for in heading 9903.85.09, are not subject to the additional ad valorem duties.
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 Jennifer Jameson at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division