CLA-2-72:OT:RR:NC:N1:117
Florian Deruette
Oberer's Flowers
1448 Troy St.
Dayton, Ohio 45404
RE: The tariff classification and country of origin marking of plastic coated wire from China
Dear Mr. Deruette:
In your letter dated September 25, 2020, you requested a tariff classification ruling. Representative photos of the subject wire and its proposed method of marking were submitted with your request.
The merchandise under consideration is cut lengths of steel wire. Measuring 5 inches long and having a diameter of 1.8 millimeters, this carbon steel wire has a green plastic coating. According to the photos, the wire is packaged in clear polybags and the outer cardboard boxes/cartons will be marked with the country of origin. You indicate that this wire is used to secure candles within flower/plant arrangements in an inconspicuous manner.
Chapter 72, Note 1(o) dictates that wire must be presented in coils. Since the wire you plan to import is in cut lengths, rather than in coil form, it meets the definition of other bars and rods in Chapter 72, Note 1(m). As such, the applicable subheading for the wire will be 7215.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other bars and rods of iron or nonalloy steel: Other: Other. The rate of duty will be free.
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 the World Wide Web at https://hts.usitc.gov/current.
On March 8, 2018, Presidential proclamations 9704 and 9705 imposed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.01 for aluminum. Products classified under subheading 7215.90.5000, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheading listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7215.90.5000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 7215.90.5000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
You have also inquired as to the country of origin marking for the plastic coated wire. 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 United States (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. 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. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. Based on the information provided, we find that you are the ultimate purchaser.
Certain classes of articles which are specified in Section 134.33, Customs Regulation (19 CFR 134.33), known as the "J-list," are excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(J). One of the exceptions is metal bars; therefore, the “wire” does not have to be individually marked “Made in China”. 19 CFR 134.33 further provides that if an article included on the "J-list" is imported in a container, the outermost container in which the article ordinarily reaches the ultimate purchaser is required to be marked to indicate the origin of its contents. This office finds that your proposed method of marking “Made in China” on the outermost containers (boxes/cartons) satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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 April Cutuli at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division