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June 10, 1999

CLA-2-76:RR:NC:1: 115 E83012

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.99.5090

Mr. Moshe Steinmetz
SHILDAN USA INC.
120 East Neck Road
Huntington, N.Y. 11743

RE: The tariff classification of Aluminum Profiles and Clips from Germany.

Dear Mr. Steinmetz:

In your letter dated May 26, 1999 you requested a tariff classification ruling along with a marking waiver.

The samples submitted consist of the following: 1. The Horizontal Profile (Tragprofil)
Size: Thickness 1.3", height 1.97" (33.6 mm * 50 mm), supplied in variable lengths. 2. Tile Holders (Clips) types: Bottom, Middle and Top Size 0.79" * 2.45" (20mm * 62mm).
3.Joint Profile types: A,B and C Sizes: 1.9" (48mm) length 8.2' (2.5m).
The aluminum profiles and clips will be used in the ARGENTON (R) System.

The samples will be returned as per your request.

The applicable subheading for the Aluminum Profile and Clips will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of aluminum: Other: Other: Other: Other. The rate of duty will be 2.5% ad valorem.

In your inquiry you ask for a marking waiver as the aluminum profiles and clips are part of the cladding sytem and will be used to hold Terra-Cotta tiles. In the containers will also be components such as hardware. The ultimate purchasers of the aluminum articles will be Contractors.

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. The marking of containers or holders are found in Section 134.22 of the Customs Regulations: (a) Contents excepted from marking. When an article is excepted from the marking requirement by subpart D of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the counrty of origin of the article whether or not the article is marked to indicate its counrty of origin. Subpart D Exceptions to Marking Requirements is found in Section 134.32 of the Customs Regulations: (d) Articles for which the marking of the containers will reasonably indicate the origin of the articles.

The imported aluminum articles will further be assembled with Terra-Cotta Tiles by Contractors. The aluminum profiles, clips and hardware must be packed so that the contractor (ultimate purchaser) receives the entire inner carton or container. Sections 134.22 and 134.32 can be applicable if the above conditions are met.

This ruling is being issued under the provisions of Part 177of 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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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