CLA-2-84:OT:RR:E:NC:N1:104
Mr. Mark R. Blair
Chief Operating Officer
Rochester International Group, LLC
740 Driving Park Avenue
Rochester, NY 14614-613
RE: The tariff classification of an automatic shoe cover dispenser from China.
Dear Mr. Blair:
In your letter dated November 3, 2008, you requested a tariff classification ruling.
You state that the automatic shoe cover dispenser places a nonwoven disposable shoe cover over a person’s shoe after his/her foot is placed in position on the device. As the foot is being withdrawn from the device, the shoe cover automatically conforms to the shape of the shoe. The shoe is encased by the shoe cover upon removal from the dispenser. It features a self-contained motor (50W power with a voltage of 110V/220V) and it weighs approximately 18 kg. The automatic shoe cover dispenser is used in such facilities as hospitals, same day surgery centers, dentist offices, clean rooms, etc.
The applicable subheading for the automatic shoe cover dispenser will be 8479.89.6500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: other machines and mechanical appliances: other: electromechanical appliances with self-contained electric motor: other. The rate of duty will be 2.8 percent ad valorem.
Consideration was given to your proposed classification of 8479.90.9496, HTSUS. However, that subheading only provides for parts of machinery. The automatic shoe cover dispenser is a complete machine and as such is specifically provided for in 8479.89.6500, HTSUS.
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 http://www.usitc.gov/tata/hts/.
In your letter, you also requested a country of origin marking for the imported automatic shoe cover dispenser. You state that the item is manufactured wholly in China. A marked sample was not submitted with your letter for review.
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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The marking of the automatic shoe cover dispenser must be marked as described above and be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division