CLA-2-98:S:N:N1:119 866501
Ms. Holly E. Hanson
Expeditors International of Washington, Inc.
2612 E. 81st Street
Bloomington, MN 55425
RE: The tariff classification of a photo chemical lab protective
kit from Canada
Dear Ms. Hanson:
In your letter dated August 23, 1991, you requested a tariff
classification ruling. The request is being made on behalf of
Envision Compliance Ltd., Ontario, Canada.
The kit is assembled in Canada from articles made in various
countries. A list of the articles with countries of origin
follows.
Respirator and cartridges U.S.
Respirator wipes (towelettes) "
Splash goggles "
Neoprene coated nylon apron China
First aid kit Canada
Nitrile gloves "
Carrying case (wall mounted) Taiwan
The respirator consists of a vinyl mask for nose and mouth
with a cartridge receptacle on each side. There are two ammonia
gas cartridges used when handling bleach, bleach-fix and fix, and
two acid gas and organic vapor cartridges used when handling
color developers.
The articles in the kit do not undergo any manufacturing
process in Canada but are merely packaged in the carrying case
and are suitable for sale directly to the users without
repacking. The photo chemical lab protective kit is classifiable
as a set whose essential character is imparted by the respirator
and cartridges which are products of the United States.
The applicable subheading for the photo chemical lab
protective kit will be 9801.00.1090, Harmonized Tariff Schedule
of the United States (HTS), which provides for products of the
United States when returned after having been exported, without
having been advanced in value or improved in condition by any
process of manufacture or other means while abroad. The rate of
duty will be free.
Regarding the marking of the merchandise, the regulations
require that 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 container) will permit, in such manner as to indicate to an
ultimate purchaser in the U.S. the English name of the country of
origin of the article.
We cannot issue a marking ruling since you have not
indicated the type of marking you plan to use. You may wish to
discuss the matter with the Import Specialist at the port where
the merchandise will be imported or apply for a ruling on a
specified form of marking.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport