CLA-2-96:OT:RR:NC:2:231
Mr. Wael F. Elgafarawy
14210 Dickens Street
Apt. 11
Sherman Oaks, CA 91423
RE: The tariff classification of a hookah hose from Egypt.
Dear Mr. Elgafarawy:
In your letter dated October 25, 2011, you requested a tariff classification ruling.
The item in question is described as a plastic (polyethylene) hose “used to smoke hookah.” (A hookah is a Middle-Eastern water pipe traditionally used to smoke flavored tobacco. The hookah typically incorporates a hose with which the user draws smoke via a water-filled vessel.) A photo accompanying your letter shows what appears to be a ribbed or corrugated, flexible plastic tube with a plastic fitting at each end. It is assumed that one of the fittings is to serve as a mouthpiece, while the other is to connect the hose to the body of the hookah. You state that the hose is one yard in length, and that it is intended for sanitary, one-time use, after which it can be disposed of.
The applicable subheading for the plastic hookah hose will be 9614.00.9890, Harmonized Tariff Schedule of the United States (HTSUS), which provides for smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof: other: other: other. The general rate of duty will be 0.5 cents each plus 3% 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/.
Articles classifiable under subheading 9614.00.9890, HTSUS, which are products of Egypt, may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
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.
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division