CLA-2-84:OT:RR:NC:1:104
Ms. Joan Studeny
Account Manger
GHY USA
572 South 5th Street
Pembina, ND 58271
RE: The tariff classification of maintenance tools from Canada and Germany
Dear Ms. Studeny:
In your letter dated July 13, 2009 on behalf of New Flyer Industries you requested a tariff classification ruling.
The items in question are components of Part #6347492/Front Axle Maintenance Tool Kit, which is designed to be used in the performance of scheduled maintenance only on mass transit buses manufactured by New Flyer Industries. Originally, you had requested a ruling (classification and country of origin marking) on the complete tool kit. However, a subsequent letter dated January 21, 2008 (note typographical error in original/correct date should read January 21, 2009) was submitted in which New Flyer Industries indicates that it is not requesting a ruling on the kit as a whole but rather requests that the ruling be confined to five specific items that will be assembled at the New Flyer Industries facility into the Front Axle Maintenance Tool Kit. The five items are as follows:
(1) Part #6317346KIN – Hydraulic Ball Joint Press– Manufactured in Canada from steel
(2) Part #6320085 – Brake Linings Riveting Tool– Manufactured in Germany from steel
(3) Part #6314856 – Brake Shoe Return Spring Lever– Manufactured in Germany from steel
(4) Part #6315813 (TER12A) - Meter Torque – Manufactured in Germany from stainless steel
(5) Part #6313276 – Grip Puller – Manufactured in an unspecified country from steel
Part #6317346KIN /Hydraulic Ball Joint Press is a mechanical tool used to remove and install the lower ball joints on the front axle of the bus.
During a telephone conversation on August 14, 2009 with a member of your staff, it was stated that Part #6315813 (TER12A)/Meter Torque does not include either adapter bows (NF#6315872) or sockets. The device, without an adapter bow, cannot operate on its own. As such, this device is a tool holder, designed for hand operation with adapter bows or sockets. The method of operation is as follows: (1) the adapter bow is bolted into the wheel, (2) the meter torque is affixed to the adapter bow and (3) manual force is applied to the meter torque causing the wheel to turn and thus enabling the rolling torque of the wheel to be measured.
The applicable subheading for Part #6315813 (TER12A)/Meter Torque as described above will be 8466.10.0175, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand: Tool holders and self-opening dieheads: Other. The rate of duty will be 3.9 percent ad valorem.
The applicable subheading for Part #6317346KIN /Hydraulic Ball Joint Press will be 8479.89.9860, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other…Other…Automotive maintenance machines. The rate of duty will be 2.5% ad valorem.
Regarding the country of origin marking of the German-manufactured Part #6315813 (TER12A)/Meter Torque and the Canadian-manufactured Part #6317346KIN /Hydraulic Ball Joint Press, it is noted that neither marked samples nor information as to how the items are marked were submitted with your letter for review. However, in general, 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 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
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.
In addition, the country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.
Section 134.45(a)(2) of the regulations, provides that “a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish.” Section 134.1(g) of the regulations, defines a “good of a NAFTA country” as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on the balance of the requested items. Regarding Part #6320085 /Brake Linings Riveting Tool - Item D is said to show a similar tool with the vice component. Please clarify exactly what components comprise the tool. Is the base shown in the picture a vice or is it actually the riveting tool’s steel frame which will, in turn, be held by a separate vice (not included)? Identify the three items shown next to the tool. Which one is the punch and which are the anvil/rivet set? Are the punch and anvil/rivet set included with the tool or are they purchased separately?
Regarding Part #6314856/Brake Shoe Return Spring Lever – Is this item a hand-held tool (i.e., held in the hand during use) or must it be affixed to another device such as a tool holder in order to operate properly? If the latter, describe the device to which it must be affixed. Provide labeled cutaway identifying all the components that comprise Part #6314856.
Regarding Part #6313276/Grip Puller -The grip puller is said to be comprised of items 11 through 13, inclusive. Item 11 is shown as having a socket at one end. Is this socket permanently attached or can interchangeable sockets be used on item 11? If the latter, are the sockets included? Also, the other end of the grip puller (i.e., number 13) appears to be threaded for insertion into some other device. What is this other device? Can the grip puller (items 11 through 13) be used on its own? Is “axle-bearing extractor” another term for a “grip puller”? If not, please explain why items 11 through 13 are also referred to as axle-bearing extractors?
Also, there is a discrepancy between the part numbers shown in the January 21, 2008 [sic] and the July 13, 2009 letters. In the July 13, 2009 letter, the part numbers shown for the hydraulic ball joint press, the riveting tool, the meter torque and the brake shoe return spring lever are consistent with those shown in the January 21, 2008 [sic] letter. However, the part number shown for the grip puller went from #631276 to #631327. In the July 13, 2009 letter, the #631276 designation is used for a new sixth item (never mentioned in the previous correspondence), i.e., extractor grips. Please explain this discrepancy.
When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division