CLA-2-73:S:N:N1:103 893441
Mr. Dayle Wunderler
Intertrans Corporation
3540 Oscar Johnson Drive
Charleston, SC 29405
RE: The tariff classification of roller chain from India
Dear Mr. Wunderler:
In your letter dated December 20, 1993 on behalf of Lignostone Import Company you requested a tariff classification ruling.
With your inquiry you submitted samples of steel roller chains in pitch sizes of 3/8 inch and 1/2 inch, as well as a copy of a commercial invoice. According to the invoice, chain designated as No. 083 will consist of 19 links of steel roller chain with open ends. Chains designated Nos. 06B-1, 08B-1, and 08B-2 will consist of steel roller chain in 10 feet lengths inclusive of one connecting link. Finally, individual connecting links for chain No. 083 will also be imported. After importation the chains will be cut, processed and assembled into specific lengths for use in weaving machines in textile mills.
The applicable subheading for the roller chains designated Nos. 083, 06B-1, 08B-1, and 08B-2 will be 7315.11.00, Harmonized Tariff Schedule of the United States (HTS), which provides for chain and parts thereof: of iron or steel: articulated link chain and parts thereof: roller chain. The duty rate will be 4.2 percent ad valorem.
The applicable subheading for the individual connecting links will be 7315.19.00, HTS, which provides for chain and parts thereof, of iron or steel: articulated link chain and parts thereof: parts. The duty rate will again be 4.2 percent ad valorem.
Articles classifiable under subheadings 7315.11.00 and 7315.19.00, HTS, which are products of India are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.
In your letter you claim the imported roller chains cannot be die stamped or labelled with their country of origin due to the exorbitant expense such operations would entail. Section 304(a) of the Tariff Act of 1930, as amended, requires 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 container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. The Customs Service has previously ruled that chain is required to be marked by some permanent means such as die stamping or metal tags. These methods must be used notwithstanding the fact that containers for the chain must also be marked. In addition, please note that if the chain is intended to be repackaged after importation, the certification requirements set forth in Section 134.26, C.R., must be followed. It is suggested that you discuss the marking of this merchandise with the appropriate Customs officer in Charleston.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport