CLA-2-83:OT:RR:NC:N5:121
Alex Florendis
Sobel Network Shipping
100 North Centre Ave. Rockville Centre, NY 11570
RE: The tariff classification of a stainless steel pool gate safety latch from China
Dear Mr. Florendis:
In your letter dated June 19, 2024, you requested a tariff classification ruling on behalf of Landstar Global Logistics, Inc.
The merchandise under consideration is described as the Safetech TriLatch, part number SL-50-TRI. It is a pool gate safety latch made of stainless steel and fiber-reinforced polymers that is used to prevent small children from opening the pool gate to access the swimming pool. The TriLatch is a magnetic self-latching system that is 21 inches long. It has a keyed lock at the bottom end and a two-part latch release knob at the top. To release the latch, one must first press the red release button in the center of the knob and then lift the knob. The TriLatch is installed on the gate so that the lower keyed lock is at approximately waist level and the two-part mechanism to release the latch rises above the gate to be out of reach of small children.
The applicable subheading for the Safetech TriLatch, part number SL-50-TRI will be 8302.49.6085, Harmonized Tariff Schedule of the United States (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: Other mountings, fittings and similar articles: Other: Other: Of iron or steel, of aluminum or of zinc Other: Other. The rate of duty will be 5.7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8302.49.6085, 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, 9903.88.03, in addition to subheadings 8302.49.6085, 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/.
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 Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division