CLA-2-90:OT:RR:NC:N4:414
TARIFF NOS.: 9003.11.0000; 9003.19.0000; 9003.90.0000
Mr. Scott Hoffman
Trans American CHB, Inc.
4902 North American Drive
Buffalo, NY 14224
RE: The tariff classification of eyeglass frames and eyeglass frame parts from China
Dear Mr. Hoffman:
In your letter dated June 5, 2013, on behalf of Armourx Inc., you requested a ruling on the tariff classification of two unassembled frames for spectacles. Model 3207 is a plastic frame in tortoise shell brown. Model 2471 is a mauve colored metal frame with a blue floral motif and plastic coating where the temple sits on the wearer’s ears. For tariff classification purposes Model 2471 is considered a metal frame. Both frames have plastic demo lenses inserted into the frames. Those lenses will be replaced with corrective lenses prescribed for the end user after purchase and do not affect the classification of the frames.
You indicate that the merchandise will be imported in three different ways: complete unassembled frames in plastic bags containing one front, two temples and appropriate screws; or as separate parts i.e. two temples with appropriate screws bagged together (no fronts) or one front with appropriate screws in a plastic bag (no temples). When the temples and fronts are imported together they constitute a complete, although unassembled, frame. When the temples and fronts are imported separately, they are considered parts of spectacle frames and will be classified as such.
The applicable subheading for Model 3207 will be 9003.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for frames and mountings for spectacles, goggles or the like, of plastics. The rate of duty will be 2.5 percent ad valorem.
The applicable subheading for Model 2471 will be 9003.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for frames and mountings for spectacles, goggles or the like, of other materials. The rate of duty will be free.
The applicable subheading for the temples and fronts of both Model 3207 and 2471, when imported separately, will be 9003.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for frames and mountings for spectacles, goggles or the like, parts. The rate of duty will be 2.5 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/.
Please note, 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 imported into the U.S. shall be marked in a conspicuous place as legibly, and permanently as the nature of the article (or 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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.
In order to satisfy the requirements of 19 U.S.C 1304, an item must be legibly marked with the name of the country of manufacture in a conspicuous place.
One temple of Model 3207 is clearly marked Frame China in a contrasting color. This meets the marking requirement of the complete frame and of the temples, when imported without fronts. We note, however, that there is no country of origin indicated on the frame front. When the frame front is imported without temples it must be individually marked. In this case, a peel off sticker or hangtag stating the country of origin would meet the requirements above.
We had considerable difficulty finding and reading the country of origin marking on the temple of Model 2471. If printed in a contrasting color, the purchaser would then be able to find the marking easily and read it without strain as required. Model 2471 also has no country of origin indicated on the frame front. When the frame front is imported without temples it, too, must be individually marked. As stated above, a peel off sticker or hangtag stating the country of origin would meet the requirements in this case.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division