The tariff classification and country of origin marking of steel wedges from China

N293600 February 14, 2018 CLA-2-73:OT:RR:NC:N1:113 CATEGORY: Classification and Marking TARIFF NO.: 7326.90.8688 Mr. Thomas F. Mathews Business Development and Engineering Precision-Hayes International 14030 Florence Road Sugar Land, TX 77498 RE: The tariff classification and country of origin marking of steel wedges from China Dear Mr. Mathews: In your letter dated January 15, 2018, you requested a tariff classification and a country of origin marking ruling. Samples of the machined steel wedges were provided with your ruling request for our review. The subject articles are identified as steel wedges which are machined into shape from steel bar. You stated in your letter that “The operations required to achieve the initial shape include tapering, drilling, and threading. This results in a soft or green part (number H011215; description 1.2 SEMI-FINISHED WEDGE AAS)… The materials are sourced in China. The shaping operations are also performed there.” The ‘soft’ or ‘green’ wedges will be exported from China to the United States in bulk quantities of 3600 per container. The wedges must be further processed for use in post-tensioning steel reinforcement and to permanently hold a tensile force on a high-strength steel strand or cable in concrete structures. The applicable subheading for the soft or green parts (number H011215; description 1.2 SEMI-FINISHED WEDGE AAS) will be 7326.90.8688, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 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 World Wide Web at https://hts.usitc.gov/current. You also inquired about the proper country of origin marking for the soft or green parts (semi-finished wedge number H011215). 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 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 United States who will receive the article in the form in which it was imported. Based on the information provided, the ultimate purchaser of the soft or green wedges will be the entity identified as the importer, i.e. the company that will ship the subject wedges to the plant for further processing. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, soft and green parts may be excepted from individual marking provided that the shipping containers in which they are imported are marked to indicate the country of origin of the soft or green parts, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened. Each container must be marked with the designation "China" or "Made in China." The designation "China" or "Made in China" conspicuously, legibly and permanently marked on the container in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 is an acceptable country of origin marking for the subject steel wedges. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 ann.taub@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division