CLA-2-85:OT:RR:NC:N2 209

Angela Pennington
ThermOmegaTech
353 Ivyland Rd. Warminster, PA 18974

RE:  The tariff classification of Printed Circuit Board from China

Dear Ms. Pennington:

In your letter dated October 24, 2023, you requested a tariff classification ruling.

The merchandise under consideration is a bare printed circuit board (PCB), P/N: LED SW Rev 4. It is comprised of a rigid insulating substrate (board) with printed circuit pathways (printed circuitry). This PCB does not incorporate any additional electrical elements or components, it is an unpopulated PCB. The PCB is made from FR-4 glass reinforced epoxy laminate material. It is non-flexible and possesses 2 conductive layers of copper, one on top and the other on the bottom of the substrate.

The applicable subheading for the bare PCB will be 8534.00.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Printed circuits: Plastics impregnated, not flexible type: Having a base wholly of impregnated glass: Other.” The rate of duty will be Free.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8534.00.0040, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8534.00.0040, 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.

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 and Border Protection 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, please contact National Import Specialist Steven Pollichino at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division