CLA-2-71:RR:NC:N1:113

Ms. Shelley M. Hooker
American Precious Metals Exchange (APMEX)
226 Dean A. McGee Avenue
Oklahoma City, OK 73102

RE: The tariff classification of silver bars

Dear Ms. Hooker:

In your letter dated March l3, 2012, you requested a ruling on the tariff classification of silver bars. Illustrative literature was submitted for our review.

The merchandise under consideration is identified as the 1 Kilo (32.15 ounce) APMEX Silver Bar. The silver bar features a rectangular shape without rounded edges. The subject bar has a diameter of 130.6/70.31 millimeters and a thickness of 12.75 millimeters. The obverse features the APMEX logo at the top of the bar, the words “American Precious Metals Exchange” and the website “www.APMEX.com”, followed by the purity and weight of the bar “99.9% PURE SILVER 32.16 TROY OZ. 1 KILO”. The reverse is plain with an individual serial number. You stated in your letter that the country of origin of the 1 Kilo APMEX Silver Bars is the United States. You also indicated that the subject silver bars are exported from the United States.

You proposed classification for the 1 Kilo (32.15 ounce) APMEX Silver Bar in question in heading 7106, Harmonized Tariff Schedule of the United States (HTSUS), which provides for silver (including silver plated with gold or platinum), unwrought or in semimanufactured forms, or in powder form. However, the silver bar under consideration is worked beyond the semimanufactured form and therefore, excluded from classification under heading 7106, HTSUS. The subject 1 Kilo (32.15 ounce) APMEX Silver Bar is classified under heading 7115, HTSUS, which provides for other articles of precious metal or of metal clad with precious metal.

The applicable subheading for the 1 Kilo (32.15 ounce) APMEX Silver Bars will be 7115.90.05, 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.

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