CLA-2-39:OT:RR:NC:N4:415
Phillippe Porlier
Beyond FX
61 Place Berlioz
Candiac, QC J5R 3Z5
Canada
RE: The classification, marking, country of origin, and United States-Mexico-Canada Trade Agreement
(“USMCA”) eligibility of a plastic clamping tool.
Dear Mr. Porlier:
In your letter dated December 16, 2025, you requested a ruling for the tariff classification, marking, country
of origin, and eligibility of a plastic clamping tool under the USMCA.
Images were provided in lieu of a sample.
The product under consideration is described as the “PCB CLAW” which is a specialized tool designed to
securely hold printed circuit boards (“PCBs”) during electronic component assembly and soldering
operations. It is made primarily of polyethylene terephthalate glycol-modified (“PETG”) thermoplastic. This
tool features a clamping mechanism with adjustable arms that have grooved grip pads designed to hold
electronic components firmly in place. It will measure six inches by four inches by four inches.
The PCB CLAW is produced through fused deposition modeling (“FDM”) 3D printing technology. The
PETG filament is heated and deposited layer-by-layer to create the finished tool. It will be manufactured
entirely in Canada. The PETG filament is sourced from Canada, the PETG raw materials are sourced from
the United States, and the included six metal fasteners (nuts and bolts) are produced outside of North
America.
CLASSIFICATION
In your request, you proposed classification of this item under heading 8205. As the working surface of this
tool is plastic, it would not meet the requirements set forth in Chapter 82, Note 1 and must be classified
elsewhere. We agree with your alternative classification within heading 3926.
As the “PCB CLAW” would be considered an article of plastic, and as it is not more specifically provided for
elsewhere, the applicable subheading will be 3926.90.9989, 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 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/.
COUNTRY OF ORIGIN
Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of
manufacture, production, or growth of any article of foreign origin entering the United States. Further work
or material added to an article in another country must effect a substantial transformation in order to render
such other country the “country of origin” within the meaning of the marking laws and regulations.
Pursuant to section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and other
USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set forth in
sections 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with respect
to goods imported from Canada and Mexico. Section 102.11 provides a required hierarchy for determining
the country of origin of a good for marking purposes, with the exception of textile and apparel goods which
are subject to the provisions of 19 CFR 102.21. See 19 CFR 102.11.
Applied in sequential order, 19 CFR 102.11(a) provides that the country of origin of a good is the country in
which:
(1) The good is wholly obtained or produced;
(2) The good is produced exclusively from domestic materials; or
(3) Each foreign material incorporated in that good undergoes an applicable change in tariff
classification set out in Part 102.20 and satisfies any other applicable requirements of that section, and
all other applicable requirements of these rules are satisfied.
The “PCB CLAW” is neither “wholly obtained or produced” nor “produced exclusively from domestic
materials.” Therefore, paragraphs (a)(1) and (a)(2) cannot be used to determine the country of origin of this
article, and paragraph (a)(3) must be applied next to determine the origin of the finished articles. As
indicated above, this clamping tool is classified under heading 3926. The tariff shift requirement in part
102.20 for the articles of heading 3926 at issue states, “[a] change to heading 3922 through 3926 from any
other subheading, including another heading within that group, except for a change to heading 3926 from
articles of apparel and clothing accessories, other articles of plastics, or articles of other materials of headings
3901 to 3914 of heading 9619.”
The plastic filament and metal fasteners that make up the PCB holding tool are classified outside of heading
3926 and would meet the required tariff shift, and therefore, in accordance with 19 CFR § 102.11(a)(3), the
country of origin of the “PCB CLAW” is Canada.
MARKING
Section 304 of the Tariff Act of 1930, as amended (19 USC 1304), provides that unless excepted, every
article of foreign origin (or its container) imported into the United States 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 United States the English name of the country of origin
of the article.
Congressional intent in enacting 19 USC 1304 was “that the ultimate purchaser should be able to know by an
inspection of the marking on the imported goods the country of which the goods is the product. The evident
purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where
the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.”
See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
As the country of origin for this product is Canada, it must be marked “Made in Canada” in accordance with
the applicable statute and regulations.
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. 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, in relevant part:
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 six metal fasteners (nuts and bolts) are non-originating, the subject merchandise is not considered a
good wholly obtained or produced entirely in a USMCA country under GN 11(b)(i), nor is the product
exclusively from originating materials per GN 11(b)(ii). Thus, we must determine whether the product
qualifies under GN 11(b)(iii). As previously noted, the plastic clamping tool is classified under subheading
3926.90.99, HTSUS. The applicable rule of origin for merchandise classified under subheading 3926.90.99,
HTSUS, is located within GN 11(o)/Chapter 39/2, which provides in relevant part, the following tariff shift,
“[a] change to headings 3916 through 3926 from any other heading, including another heading within that
group.”
Based on the facts provided, we find that this plastic tool of subheading 3926.90.99, HTSUS, makes the
required tariff shift under GN 11(b)(iii). It will therefore be entitled preferential tariff treatment under the
USMCA upon compliance with all applicable laws, regulations, and agreements.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (“CSMS”) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
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 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 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,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division