CLA-2-90:OT:RR:NC:N4:405
Mr. Michael Orlando
Rapid Response Solutions, LLC
N 10623 County Road A Athelstane, WI 54104
RE: The tariff classification and marking of a CPR Timer from Taiwan
Dear Mr. Orlando:
In your letter dated September 29, 2009, you requested a tariff classification and marking ruling. No sample was provided.
In your submission you request guidance on classifying the Rhythm of Life CPR Timer and accessory kit. You describe the Rhythm of Life as a pocket-sized electronic timing device, similar to a metronome. The device measures 5.9 inches by 3 inches and is made primarily of ABS plastic. On the face of the device are a series of illustrated buttons that appear to let the rescuer input certain parameters depending on the scenario encountered. There are buttons to indicate the age/size of the patient (adult, child, or infant), and the number of rescuers involved (one or two). There are also buttons marked CPR, Rescue Breathing, Compressions Only, Mask, and Advanced Airway.
You state the device is designed to assist both medical professionals and rescue personnel in providing effective cardiopulmonary resuscitation (CPR) through the use of visual and audible prompts. The intended use of the device is assist individuals already trained in CPR to provide effective resuscitation by conforming to the guidelines promoted by the American Heart Association. The device utilizes three distinctly different tones, along with visual feedback, to guide a rescuer to compress a patient’s chest, ventilate the patient, and reassess the patient’s condition every two minutes.
While the CPR Timer can be compared to a metronome, it is clear from its unique features that it designed to assist medical professionals and first-responders in performing CPR as accurately and effectively as possible. It would not function as an effective timekeeping device in any other situation. In this respect it is similar to the Reperfusion Timer described in New York Ruling Letter M85030, July 25th, 2006.
The device is imported with an accessory kit that contains a polyurethane plastic holster, a plastic belt clip, and a hook and loop strap. We consider the Rhythm of Life CPR Timer and accompanying accessory kit to be a set, in which the CPR Timer supplies its essential character.
The applicable subheading for the Rhythm of Life CPR Timer will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Electro-medical instruments and parts and accessories thereof. The rate of duty will be free.
You also requested a determination on whether your proposed method of marking the Rhythm of Life CPR Timer is acceptable. The CPR Timer is manufactured in Taiwan, and you state “Made in Taiwan” is molded into the ABS plastic of the device. You also state that “Made in Taiwan” is printed on each individual product package, as well as the master package that the individual products are shipped in. An illustration provided with your submission shows the marking “Designed in the USA, Made in Taiwan” on what appears to be the back of the CPR Timer.
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.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
Based on the information you supplied, along with the illustrations provided, the proposed marking of “Made in Taiwan”, or “Designed in the USA, Made in Taiwan”, as described above, would be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported Rhythm of Life CPR Timer.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division