CLA-2-39:OT:RR:NC:N4:421
7415.39.0000; 7320.20.5020; 7326.90.8588
Mr. Robert Elliott
My Life Designs/Guitar Docks
251 West 30th Street, Suite 3RW
New York, NY 10001
RE: The tariff classification of “Guitar Docks” from China
Dear Mr. Elliott:
In your letter dated March 27, 2012, you requested a tariff classification ruling.
You have provided a sample of the complete Guitar Dock as well as samples of the components comprising the Guitar Dock. The Guitar Docks are designed as an alternative to guitar stands. The Guitar Docks are composed primarily of plastic and have a metal spring and screws. The Guitar Dock can be secured to a flat surface, such as the protruding edge of a bookshelf or guitar amplifier. The guitar neck can then be slipped through the jaws of the Guitar Dock to be held in place, rather than merely leaned against an amplifier or wall.
You have asked for a classification and country of origin marking for three different scenarios. In the first scenario, the Guitar Dock will be imported as a complete item. In the second scenario, the Guitar Dock will be imported as a complete kit packaged and ready for assembly in the United States. In the third scenario, the components (listed below) will be imported as individual parts bulk packed for inventory to be assembled in the United States.
The applicable subheading for the Guitar Docks, when imported as finished articles, or when imported as packaged kits for assembly, will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.
In the third scenario in which the components of the Guitar Dock will be imported separately in bulk cartons, the following components will be imported:
Sample 1: Rear Section (BE.002-011) – molded plastics
Sample 2: Front Section (BE.002-007) – molded plastics
Sample 3: Clamp Slide (BE.002-005) – molded plastics
Sample 4: Guitar Arm Holder (BE.002-003) – molded plastics
Sample 5: Fully Threaded SHCS socket head cap screw (BE.002-006) – carbon steel, zinc plated
Sample 6: Screw “Cap” (Turning Head) (BE.002-012) – molded plastics
Sample 7: Flip Spring (BE.002-002) – stainless steel
Sample 8: Thread-Forming Screws (BE.002-001) – carbon steel, zinc plated
Sample 9: Threaded Insert (BE.002-014) – brass
Sample 10: 2 Spring Plungers (BE.002-013) – carbon steel
Sample 11: Bottom Washer (BE.002-016) – molded plastics
Sample 12: Jaws (BE.002-008) – molded plastics
Sample 13: Clamp Block Spring (BE.002-018) – carbon steel
Sample 14: Fob (BE.002.019) – molded plastics
Sample 16: Screw Cap Washer (BE.002.021) – molded plastics
Sample 17: Arm Holder Washer (BE.002-022) – molded plastics
A sample of the paperboard card for packing the Guitar Docks for retail sale was included with your letter. The packing card will be made in the United States. It will be printed with the statement “Made in China” to identify the country of origin of the Guitar Docks.
These above components will be imported for inventory and will be assembled in the United States by the importer. At the time of importation the components will be bulk packed in bags inside cartons that are marked “Made in China.”
The applicable subheading for the plastic Rear Section, Front Section, Clamp Slide, Guitar Arm Holder, Screw Cap, Jaws and Fob, when imported as separate components for inventory, will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.
The applicable subheading for the plastic Bottom Washer, Screw Cap Washer and Arm Holder Washer, when imported as separate components for inventory, will be 3926.90.4590, HTSUS, which provides for other articles of plastics…gaskets, washers and other seals…other. The rate of duty will be 3.5 percent ad valorem.
The applicable subheading for the carbon steel Fully Threaded SHCS (socket head cap screw), when imported as a separate component for inventory, will be 7318.15.8045, HTSUS, which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: other screws and bolts, whether or not with their nuts or washers: other: having shanks or threads with a diameter of 6 mm or more: other: socket screws: other. The rate of duty will be 8.5% ad valorem.
The applicable subheading for the stainless steel Flip Spring, when imported as a separate component for inventory, will be 7320.90.5060, HTSUS, which provides for springs and leaves for springs, of iron or steel: other: other: other. The rate of duty will be 2.9% ad valorem.
The applicable subheading for the carbon steel zinc plated Thread-Forming Screws, when imported as a separate component for inventory, will be 7318.14.1060, HTSUS, which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: self-tapping screws: having shanks or threads with a diameter of less than 6 mm: other. The rate of duty will be 6.2% ad valorem.
The applicable subheading for the brass Threaded Insert, when imported as a separate component for inventory, will be 7415.39.0000, HTSUS, which provides for nails, tacks, drawing pins, staples (other than those of heading 8305) and similar articles, of copper or of iron or steel with heads of copper, screws, bolts, nuts, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of copper: other threaded articles: other. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the carbon steel Clamp Block Spring, when imported as a separate component for inventory, will be 7320.20.5020, HTSUS, which provides for springs and leaves for springs, of iron or steel: helical springs: other: helical springs, of wire having a cross-sectional dimension of less than 5.1 mm: other. The rate of duty will be 3.9% ad valorem.
The applicable subheading for the carbon steel Spring Plungers, when imported as a separate component for inventory, will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other…other. The rate of duty will be 2.9 percent ad valorem.
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/.
You have also inquired about the country of origin marking requirements. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. 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 U.S. the English name of the country of origin of the article. The country of origin marking requirements will vary with the scenarios you have proposed.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
When imported complete and assembled, the Guitar Dock must be marked with the country of origin. You state that the cardboard retail packaging will be marked “Made in China.” Provided that this marking is legible and conspicuous, and that the imported Guitar Dock will reach the final consumer (the person who buys the Guitar Docks for use) in this marked retail packaging, this marking will be sufficient to meet the marking requirements. Note that if the name of a United States locality appears on the retail packaging, then the legend “Made in China” must appear in close proximity and in letters of approximately the same size or larger.
When the Guitar Docks are imported packaged as a kit ready for assembly, the bags or cartons of each kit must be marked with the country of origin. It is not necessary to individually mark every component within the bag or carton. When assembled in the United States, the Guitar Dock remains a product of China. The finished assembled product must be marked to indicate the country of origin so that it will reach the final consumer. The use of the above cardboard packaging with the words “Made in China” will meet the country of origin marking requirements.
When the above components are imported separately for inventory, the cases in which the components are packaged must be marked with the country of origin. It is not necessary to mark the individual components. However, when the Guitar Dock is assembled from the components, it remains a product of China, and the Guitar Dock or the retail packaging must be marked to indicate that China is the country of origin.
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 Joan Mazzola at (646) 733-3023.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division