CLA-2-76:OT:RR:NC:N5:116
Mr. Ryan Ervin
Azenta US, Inc.
200 Summit Drive, 6th Floor
Burlington, Massachusetts 01803
RE: The tariff classification of coated aluminum foil from Austria
Dear Mr. Ervin:
In your letter dated February 17, 2023, you requested a tariff classification ruling. Representative samples were submitted with your request and sent to the Customs and Border Protection (CBP) Laboratory for analysis.
The product under consideration is identified as a Thermal Bond Heat Seal, part number 4TI-0591/IND, a heavy-duty, peelable, heat-sealing foil suitable for long term storage and transportation of PCR plates for laboratory use. Based on laboratory analysis, the Thermal Bond Heat Seal, which measures 75 mm (W) x 120 mm (L), consists of a sheet of aluminum foil having a thickness of 73 um (.073 mm) that is coated on one side with polypropylene (plastic). The product is comprised of 86% aluminum and 14% plastic.
The applicable subheading for aluminum foil will 7607.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm: not backed: other: other: other. The rate of duty will be 3 percent ad valorem.
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 7607.19.6000, 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.
The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 subheadings.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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