The tariff classification of wood grill cleaning tool from China

N298002 July 17, 2018 CLA-2-44:OT:RR:NC:N1:130 CATEGORY: Classification TARIFF NO.: 4417.00.8090 Nathan Thompson Thompson Brothers and Company LLC 1270 Helmo Ave. North Oakdale, MN 55128 RE: The tariff classification of wood grill cleaning tool from China Dear Mr. Thompson: In your letter, dated June 18, 2018, you requested a tariff classification ruling. A sample of the wood grill cleaning tool has been submitted for our review and will be retained for reference. The merchandise under consideration is the “Great Scrape” BBQ cleaning tool. According to information obtained from your website, and examination of the sample you submitted to this office, the item to be classified is the “Woody Paddle”, model number GRT006-18-RO. The Woody Paddle is a solid wood BBQ grill cleaning tool. It measures approximately 20” long by 4 ¾” wide by ¾” thick, and has a paddle-like shape. The handle has a wide handle end for leverage, and a 1 ½”-wide shaft for holding. The paddle head is rectangular and the thickness tapers down into a thin front edge. When the tool is scraped over a hot grill grate, grooves are formed in the front edge of the tool to match the measurements of that specific grill grate, facilitating cleaning. The tool is printed with the words “The Great Scrape” and “Woody Paddle.” The applicable subheading for the “Woody Paddle” BBQ cleaning tool, model number GRT006-18-RO, will be 4417.00.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood: Other; Other.” The rate of duty will be 5.1% ad valorem. We note that your sample is also marked with the words, “Made in USA”. You state in your request, however, that the tool is manufactured in China. The “Made in USA” marking is in violation of Title 19, Code of Federal Regulations, Part 134 (19 CFR 134). Part 134, implements the country of origin marking requirements and exceptions of Title 19, United States Code, Part 1304. Pursuant to 19 CFR Section 134.1(b), the country of origin is the country of manufacture, production or growth of any article of foreign origin entering the U.S. Even if the wood from which the tool is made is sourced in the United States, the tool is manufactured in China, and therefore, the country of origin is China. The tool must be marked “Made in China” or a suitable alternative. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Laurel Duvall at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division