CLA-2-73:OT:RR:NC:N1:116
Ms. Louise Chavanelle
Formation Douane Louise Chevanelle, Inc.
490 de Providence Street
Granby, Quebec, Canada J2H2H6
RE: The tariff classification and country of origin for a garage door with mounting accessories from the United States and Canada
Dear Ms. Chevanelle:
In your letter dated March 3, 2020, you requested a binding ruling for classification and country of origin.
The products to be imported are described as the “Regal” garage door and its mounting accessories. The garage door is made entirely from either steel, heavy duty steel, or commercial grade steel. It is manufactured with either a single or double layer of steel, with each layer being 2 inches in thickness. The garage doors are manufactured entirely in the United States (U.S.). The mounting accessories are comprised of rails, hardware, hinges, springs, handles, sheaves, forks, fasteners, and cables that originate in the U.S., China, and Canada. You currently import into the U.S. only the garage door (under 9801.00.10), without the mounting accessories. You have requested a binding ruling on the classification and country of origin for the garage door when imported into the U.S. with the mounting accessories. The door and accessories will be assembled in Canada prior to importation into the U.S.
When reimported into the U.S. without the mounting accessories, the garage door is classified under subheading 9801.00.10, Harmonized Tariff Schedule of the United States (HTSUS), which provides for products of the United States when returned after having been exported, or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.
The rails and hinges included in the mounting accessories are imported into Canada under heading 8302, HTSUS, which provides for base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof. The sheaves and fork included in the mounting accessories are imported into Canada under heading 8483, HTSUS, which provides for transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joins); parts thereof. The steel cable included in the mounting accessories is imported into Canada under heading 7312, HTSUS, which provides for stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated.
For the garage door with mounting accessories, you have suggested classification in subheading 7308.30.5025, HTSUS, which provides for structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel; doors, windows and their frames and thresholds for doors: other: thresholds for doors. We disagree. The product is more than the threshold for a door.
Classification of goods is governed by the General Rules of Interpretation (GRIs), taken in order. Under GRI 3(b), the garage door gives the instant shipment its essential character. The applicable subheading for the garage door with its mounting accessories is 7308.90.9590, HTSUS, which provides for structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel: other: other: other: other: other.
To address the determination of country of origin, we use the NAFTA Marking Rules. Section 102.11 of the regulations sets forth the required hierarchy for determining country of origin for marking purposes. Section 102.11(a) states
The following rules shall apply for purposes of determining the country of origin of imported goods other than textile and apparel products covered by § 102.21.
(a) The country of origin of a good is the country in which:
(1) The good is wholly obtained or produced;
(2) The good is produced exclusively from domestic materials; or
(3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in § 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied.
Because 19 C.F.R. §102.11(a) is not determinative of origin, the next step is section 102.11(b), Customs Regulations, which states, in part:
Except for a good that is specifically described in the Harmonized Tariff Schedule as a set, or is classified as a set pursuant to General Rule of Interpretation 3, where the country of origin cannot be determined under paragraph (a) of this section:
(1) The country of origin of the good is the country or
countries of origin of the single material that
imparts the essential character of the good...
In the instant shipment, the garage door with mounting accessories is composed of a U.S. origin garage door that has been packaged together with mounting accessories. The U.S. origin door is the single material which imparts the essential character to the finished good. Accordingly, the country of origin of the garage door with the mounting accessories is the U.S.
Since the garage door with the mounting accessories is of U.S. origin, it need not be marked with the country of origin upon its importation to the U.S. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting United States origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S.
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 at https://hts.usitc.gov/current.
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 Angelia Amerson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division