CLA-2-68:OT:RR:NC:N1:428
Mr. Charles F. McFeeters Jr.
Axxess International Inc.
141 High Street, P.O. Box 1594
St. Albans, VT 05478
RE: The tariff classification and country of origin marking of stone tiles, glass tiles, and aluminum tiles from China.
Dear Mr. McFeeters:
In your letter dated March 1, 2017, you requested a tariff classification ruling on behalf of your client, Inoxia. Samples were submitted with your ruling request and were forwarded to the Customs and Border Protection Laboratory for analysis. This analysis has been completed.
The merchandise under consideration are four styles of what is referred to as “Speed Tiles,” namely Grizzly, Bengal, Glass, and ACP. They all feature adhesive backings, and are designed to be applied to walls.
Grizzly consists of stone tiles which measure approximately 3.5 centimeters long by 1.2 centimeters wide by .5 centimeters thick. The faces of the tiles are smooth, but not polished. Bengal consists of stone tiles of various sizes, some of which are polished, and the largest of which measures approximately 6.5 centimeters long by 1.4 centimeters wide by .5 centimeters thick.
Laboratory analysis has determined that both Grizzly and Bengal are composed of non-agglomerated limestone which is capable of taking a polish.
Glass consists of 54 soda-lime glass tiles which have been surface painted. 18 of the tiles measure approximately 4.3 centimeters long by 1.4 centimeters wide; 18 of the tiles measure approximately 8.9 centimeters long by 1.4 centiemeters wide; and the remaining 18 measure approximately 13.6 centimeters long by 1.4 centimeters wide. All of the tiles measure approximately .4 centimeters thick.
Laboratory analysis has determined the the Glass Speed Tiles are composed of molded glass.
The Inoxia/ID618-1 Aluminum Composite Panel (ACP) Speed Tile consists of chips of metal, and measures approximately 12 inches in length by 12 inches in width by 0.175 inches in depth. The subject tile is a metal mosaic that is comprised of many square silvered colored pieces with self-adhesive pads on the back.
Laboratory analysis has determined that the silver colored metal is laminated aluminum, and that each piece is composed of two aluminum covers and a black plastic piece in the middle.
Therefore, the Inoxia/ID618-1 ACP Speed Tile is a composite good comprised of aluminum and plastic. As the ACP Speed Tile is a composite good, we must apply rule GRI 3(b), which provides that composite goods are to be classified according to the component that gives the goods their essential character. It is the opinion of this office that the aluminum components impart the essential character to the ACP Speed Tile. In accordance with GRI 3(b), the ACP Speed Tile will be classifiable in heading 7616, HTSUS, which provides for other articles of aluminum.
The applicable subheading for the Grizzly and Bengal style Speed Tiles will be 6802.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Worked monumental or building stone (except slate) and articles thereof, other than goods of heading 6801; mosaic cubes and the like, of natural stone (including slate), whether or not on a backing…: Tiles, cubes and similar articles, whether or not rectangular (including square), the largest surface area of which is capable of being enclosed in a square the side of which is
less than 7 cm…” The general rate of duty will be 4.8 percent ad valorem.
The applicable subheading for the Glass style Speed Tiles will be 7016.90.1050, HTSUS, which provides for “Paving blocks, slabs, bricks, squares, tiles and other articles of pressed or molded glass, whether or not wired, of a kind used for building or construction purposes…: Other: Paving blocks, slabs, bricks, squares, tiles and other articles of pressed and molded glass: Other.” The general rate of duty will be 8 percent ad valorem.
The applicable subheading for the Inoxia/ID618-1 ACP Speed Tile will be 7616.99.5190, HTSUS, which provides for “Other articles of aluminum: Other: Other: Other: Other: Other: Other.” The general 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 https://hts.usitc.gov/current.
You have also asked for a ruling on the marking of this merchandise. Marked samples of the Grizzly, Bengal, and ACP Speed Tiles were submitted with your letter for review. A marked sample of the Glass Speed Tile was not submitted.
The packaging in which the Grizzly, Bengal, and ACP Speed Tiles are contained are all marked “Made in China.”
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 phrase “Made in China” conspicuously, legibly and permanently marked on the Grizzly and Bengal Speed Tiles in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 is an acceptable country of origin marking for the imported product.
The words "China" or "Made in China" conspicuously, legibly and permanently marked on the Inoxia/ID618-1 ACP Speed Tile in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 is an acceptable country of origin marking for the imported product.
As you did not provide a sample of the Glass Speed Tile’s packaging marked as it will be upon importation, and the submitted photograph of the Glass Speed Tile’s packaging is too small to distinguish the country of origin marking, we are unable to determine whether the Glass Speed Tile is marked in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 as an acceptable country of origin marking for the imported product.
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 Nicole Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division