CLA-2-71:RR:NC:N1:113
Ms. Shelley Hooker
American Precious Metals Exchange (APMEX)
226 Dean A. McGee Avenue
Oklahoma City, OK 73102
RE: The tariff classification of minted gold bars from Switzerland.
Dear Ms. Hooker:
In your letter received by our office on January l8, 2012, you requested a ruling on behalf of Argor-Heraeus SA, on tariff classification. A sample of the subject article and advertising/marketing literature were submitted for our review. The sample will be returned as requested.
The merchandise under consideration is identified as a 1gram Gold Argor-Heraeus kinebar®. The kinebar® is described as a .9999 Fine gold bullion bar produced by Argor-Heraeus and features a kinebar® on its reverse which is a security feature to protect against counterfeiting. You stated in your letter that “The 1 gram kinebar® is a rectangular shape and has the dimensions 15.0 mm long, 8.7 mm wide, and 0.5 mm thick. The obverse features the Argor-Heraeus SA company logo at the top of the bar, followed by the Country of Origin ‘Switzerland’, the weight and purity of the bar ‘1 gram Fine Gold 999,9’, a stamp again with the logo and the words ‘MELTER ASSAYER’, and the bar’s individual number (unless specifically requested). The reverse features the iridescent kinebar® design of the Argor-Heraeus SA company logo which is again used as a confirmation of purity of the gold bar and also eliminate counterfeiting. The kinebar® design is applied after the gold bar has been produced and does not alter the composition of the gold bullion bar.”
You proposed classification for the kinebar® in question in subheading 7108.13.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gold (including gold plated with platinum) unwrought or in semimanufactured forms…nonmonetary, other semimanufactured forms, other, rectangular or near rectangular shapes, containing 99.5 percent or more by weight of gold and not otherwise marked or decorated than with weight, purity, or other identifying information. However, based on the documentation submitted, the subject kinebar® is worked beyond the semimanufactured form and therefore, excluded from heading 7108, HTSUS.
The applicable subheading for the Gold Argor-Heraeus kinebar® will be 7115.90.0530, HTSUS, which provides for articles of precious metal, in rectangular or near rectangular shapes, containing 99.5 percent or more by weight of a precious metal and not otherwise marked or decorated than with weight, purity, or other identifying information, of gold. The rate of duty will be free.
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 on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Ann Taub at (646) 733-3018.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division