CLA-2-76:OT:RR:NC:N1:113
Mr. Roberto Ancis
Consulting Professors Online LLC
140 Copper Canyon Drive
Sedona, AZ 86336
RE: The tariff classification of frames and extensions from Italy
Dear Mr. Ancis:
In your letter dated October 5, 2021, on behalf of your client Vienna Servizi Srl, you requested a ruling on frames and extensions. Product descriptions, technical specifications and photographs were provided for our review.
The subject articles were described as frames and extensions that will be attached to microfibers to clean glass, windows and floors, and to disinfect client rooms and facilities including hospitals, medical offices, postal offices, schools, government buildings and restaurants. The five articles under consideration are identified as the BILL Frame for glass, HB BILL Frame for glass with a handle, Microtech Frame, Aluminum Handle with a grip and hole, and Alu-Wing Frame for floor dusting cloths.
The BILL Frame for glass is identified as item numbers 1001128.52, 1001128.53, 1001128.54, 1001128.56 and 1001128.57. Each item number is a different color. The frame is used on commercial surfaces and glass for dusting, washing, and disinfecting. You stated in your letter that the BILL Frame “has a junction and Loopfix fixing, which have to be used with a specific handle.” The frame is used with a microtech wet-mop Bill cloth. The BILL Frame measures 11.02 inches in length by 3.15 inches in width and weighs 9.5 ounces.
The HB BILL Frame for glass with a handle is identified as item numbers 1001129.01, 1001129.02, 1001129.06, 1001129.07 and 1001129.08. It is a manual frame used on commercial surfaces and walls for dusting, washing, and disinfecting. You stated that the “HB BILL Frame with Loopfix fixing is used for the surface and glass cleaning.” The frame is used with a microtech wet-mop Bill cloth. The HB BILL Frame measures 11.02 in length by 3.15 inches in width and weighs 8.3 ounces.
The Microtech Frame is identified as article numbers 1001141.52, 1001141.53, 1001141.54, 1001141.56 and 1001141.57. The extension microtech base frame is used for dusting, washing, cleaning, and disinfecting commercial surfaces with a wet mop. You stated that the “Microtech frame is equipped with strips with hooks to fix the mops by the Loopfix System.” The Microtech Frame measures 15.75 inches in length and weighs 12.4 ounces.
The Aluminum Handle with a grip and hole is identified as article numbers 1100206, 1100226, 1100236, 1100246 and 1100256. The Aluminum Handle is an extension pole for base frames that are suitable for sweeping and washing systems. The extensions are used for cleaning and disinfecting commercial surfaces and glass. You indicated that the handle is composed of aluminum and the grip is made of polyester. The frame measures 55.12 inches in length and has an outside diameter (OD) of 0.9459 inches. The Aluminum Handle weighs 9.6 ounces.
The Alu-Wing Frame for floor dusting cloths is identified as article numbers 1100406.02, 1100407.02, 1100408.02 and 1100409.02. The base frame is an aluminum cloths-holder for impregnated cloths and is used for sweeping and disinfecting floors with the cloths. The frame keeps the cloth in its position even if the floor is irregular. It is available in four different sizes that measure 15.75 inches, 19.69 inches, 31.50 inches, and 39.37 inches in length.
You indicated that the BILL Frame, HB BILL Frame, Microtech Frame and Alu-Wing Frame are composed of aluminum and plastic. The Aluminum Handle is composed of aluminum and polyester. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedules covers the components of the frames and extensions in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The essential character of an item may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3(c) states that when goods cannot be classified by reference to GRI 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.
In the opinion of this office, the aluminum, plastic and polyester components are of equal importance. In this case, neither the aluminum, plastic nor polyester component imparts the essential character since each performs a significant role in the function of the frames. The subject frames would not function as intended without the aluminum, plastic or polyester components. In addition, based on the submitted weight and value breakdown, the aluminum predominates by weight and the plastic predominates by value. Therefore, the aluminum, plastic and polyester components merit equal consideration. In accordance with GRI 3(c), the BILL Frame, HB BILL Frame, Microtech Frame, Alu-Wing Frame and Aluminum Handle will be classified in the heading which appears last in the tariff. The frames and extensions will be classified in heading 7616, HTSUS, which provides for other articles of aluminum.
The applicable subheading for the BILL Frame for glass, HB BILL Frame for glass with a handle, Microtech Frame, Aluminum Handle with a grip and hole, and Alu-Wing Frame for floor dusting cloths will be 7616.99.5190, HTSUS, which provides for other articles of aluminum, other, other…other. 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 the World Wide Web 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 Ann Taub at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division