CLA-2-90:OT:RR:NC:4:405
Ms. Katie Criste UPS-SCS
8761 Dorchester Road, Suite 101
North Charleston, SC 29420
RE: The tariff classification and country of origin marking of the MTX Turbine Flowmeter from Germany
Dear Ms. Criste:
In your undated letter for Venture Measurements, received on March 9, 2010 by your addressee, our Office of Regulations and Rulings in Washington DC, who forwarded it to us for our reply, you requested a tariff classification ruling. A sample was provided.
The sample, labeled Niagara Liquid Meters TYP 420, has female pipe connections on both ends. It is primarily made of metal and it weighs several pounds.
You propose classification in 9026.10.40. However, the heading for HTSUS 9026 excludes the instruments and apparatus of HTSUS 9028, and the sample’s large display is a 5 digit, mechanical display of gallons (x 100), not the rate of flow. Flow meters of Heading 9026 measure the rate of flow of a liquid, e.g. in gallons per minute. This device measures the total amount of liquid that has traveled through the device, but not the rate.
This is confirmed by the description of the MTX Turbine Flowmeter 420, with a picture that appears to match the sample exactly, at www.controlsandmeters.com/niagara.html. This description states, in part, that “Models 420 & 421 display continuous totalization...”
Regarding your request for a marking ruling, we assume that you are requesting a ruling on whether the proposed marking “Made in Germany” is an acceptable country of origin marking for imported liquid meters if another marking “Spartanburg, SC USA” appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.
The Spartanburg, SC USA is an in-line imprinting which is right next to the “Made in Germany” in a circle. The latter’s print is only a little smaller, and the Germany, although curved, is upright when the former is held upright so there is no need to twist the item to read the two at the same time.
The device also has a molded Niagara logo on the front of the device. Niagara is the company’s trade name, and we do not find that logo to be potentially misleading as far as country of origin is concerned.
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.
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.
The proposed marking of imported liquid meters, as described above, satisfies 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 liquid meters.
The applicable subheading for your sample will be 9028.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Liquid Meters. The rate of duty will be 2.5%.
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