CLA-2-84:RR:NC:1:104 I86049
Ms. Maria Da Rocha
D & D Customhouse Brokerage
701 Newark Avenue, Suite LL1
Elizabeth, NJ 07208
RE: The tariff classification of a sewing machine with AC adaptor and accessory kit from China
Dear Ms. Da Rocha:
In your letter dated August 27, 2002 on behalf of Products of Tomorrow you requested a tariff classification ruling.
The “Portable Home/Travel Sewing Machine” is a compact hand-held sewing machine that comes with an AC adaptor and accessory kit, all packaged together. The machine can be used with the AC adaptor or with batteries (batteries not included). The 71-piece accessory sewing kit includes 32 spools of thread, 32 pre-threaded bobbins, and one small plastic bag containing one needle threader, one plastic spool, two needles and three pre-threaded bobbins.
The sample you submitted is not marked with the country of origin. Therefore, if imported as is, the sample submitted would not meet the country of origin marking requirements of 19 U.S.C. §1304. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:
Unless excepted by law...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 a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.
However, in your supplemental fax dated October 2, 2002, you indicate that the sewing machine with adapter will be sold in a plain white box with the name of the product and county of origin to customers who order through mail order or television commercial. You state that the articles are not repackaged once they reach the United States.
We are returning your sample as you requested.
It is the opinion of this office that the sewing machine with AC adaptor and accessory sewing kit comprise goods put up in sets for retail sale. In their imported condition, the items under consideration are: (1) classifiable in different headings, (2) put up together to carry out the specific activity of sewing, and (3) packaged, marketed and sold together. In accordance with General Rule of Interpretation 3(b), the sewing machine with accessories described above are classified as a set with the essential character of the set being imparted by the sewing machine.
The applicable subheading for the “Portable Home/Travel Sewing Machine with accessory kit” will be 8452.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for sewing machines of the household type. The rate of duty will be free.
In a telephone conversation with a member of my staff, you have told us that the thread is 100% polyester; we assume it is dressed for sewing. Our desk examination reveals it to be filament thread.
Even though the thread is included as a constituent part of the set for classification purposes, it still falls within textile category 200, and products originating in China are subject to visa and quota requirements which must still be met.
The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
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 Robert Losche at 646-733-3011.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division