CLA-2-84:OT:RR:E:NC:1:110
Mr. Owolabi Salis
Salis and Associates PC
42 Broadway, Suite 1133
New York, NY 10004
RE: The tariff classification of a banknote counter from China.
Dear Mr. Salis:
In your letter dated February 2, 2009, you requested a tariff classification ruling.
The merchandise under consideration is a banknote counter. The counter is designed for use with European and US currencies. It detects the banknote’s magnetic ink, magnetic thread, UV, IR ink and paper transparency. Other features include double-note detection, chained note and half note detection, automatic counting, batch pre-setting and an adding function. This banknote counter is designed to be placed on a desk, table or other flat surface and features a 110 volt (V) power cord.
You also requested clarification as to the country of origin and marking. You state that the item is manufactured wholly in China. 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. 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 applicable subheading for the banknote counter will be 8472.90.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other office machines (for example…automatic banknote dispensers, coin-sorting machines, coin-counting…: Other: Other: Desktop note counters and note scanners.” The general rate of duty will be 1.8 percent ad valorem.
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/.
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 Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division