CLA-2-87:OT:RR:NC:N1:101
Martin K. Behr, Attorney
126-78th Street
North Bergen, NJ 07047
RE: The tariff classification and marking requirements for forged aluminum alloy wheels from South Korea
Dear Mr. Behr,
In your letter dated December 1, 2008, you requested a tariff classification and marking requirement ruling on behalf of your client Nu Stone, Inc. of Elmhurst, NY.
The items under consideration concern the prospective importation of forged aluminum alloy truck and bus wheels. You state in your ruling request that, while Nu Stone intends to act as an importer for dozens of different bus and truck wheels you are only requesting assistance in the classification of five (5) models. No sample of the proposed marking was included with your ruling request.
The first forged aluminum alloy wheel has been identified as Model HT 1302. The rim measures 22.5 inches by 13 inches and has a maximum load of 5,200 Kg. (11,463 lbs.).
The second forged aluminum alloy wheel has been identified as Model HT 5212. The rim measures 22.5 inches by 11.75 inches and has a maximum load of 4,500 Kg. (9,920 lbs.).
The third forged aluminum alloy wheel has been identified as Model AT 8202. The rim measures 22.5 inches by 7.50 inches and has a maximum load of 3,520 Kg. (7,760 lbs.).
The fourth forged aluminum alloy wheel has been identified as Model HT 3952. The rim measures 19.5 inches by 6.75 inches and has a maximum load of 2,500 Kg. (5,511 lbs.).
The last forged aluminum alloy wheel has been identified as Model LT 2751. The rim measures 17.5 inches by 6.00 inches and has a maximum load of 1,750 Kg. (3,858 lbs.).
The applicable classification subheading for the forged aluminum alloy wheel Models HT 1302, HT 5212, AT 8202, HT 3952 and LT 2751 will be 8708.70.4530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts…[of]… motor vehicles…: Road wheels and parts…: For other vehicles: Road wheels: For vehicles of subheading 8701.20 or heading 8702, 8704 or 8705.” The rate of duty will be 2.5%.
In addition you request a ruling on the appropriate marking for the forged aluminum wheel rims.
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.
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.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of imported “Made in South Korea” , as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported forged aluminum alloy wheels.
Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.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 Richard Laman at 646-733-3017.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division