CLA-2-90:OT:RR:NC:4:405
John F. Peterson
C.H. Powell Company
20013 South Rancho Way
Rancho Dominguez, CA
90220
RE: The tariff classification and marking of a growth chart from Taiwan
Dear Mr. Peterson:
In your letter dated April 26, 2012, on behalf of KidMeasure, you requested a tariff classification ruling. A sample, not in its retail packaging, was provided.
You state, “The product is a measuring device for measuring and recording the height of children. It can be affixed to a wall via its pressure - sensitive pads. A date stamp, included with the device, can stamp the date at any measuring point to record the child’s growth.”
The sample, imprinted KidMeasure, will be attached to a wall 28 inches above the ground and will measure a height of up to approximately 75 inches or 190 centimeters per the imprinted markings. It is about 2.5 inches wide. The removable date stamp slides up and down in an open box that grips the two edges. The box, with a 4 inch projection, will be pivoted to a right angle to project out a total of 8 inches when the measurement is being made.
Its function is similar to that of a wooden growth chart in New York Ruling Letter B89704, dated September 25, 1997 except that, for it, the user presumably wrote in the date of the measurement by hand.
We do not consider the date stamp to equally merit consideration in giving the whole its essential character.
Regarding the appropriate country of origin, you state, “The product is made primarily of plastic. The plastic parts will be manufactured in China and shipped to Taiwan for final preparation and assembly into the finished product. The date stamp module will be manufactured in Taiwan, and the paper and markings will be applied in Taiwan. The product will be packaged in a blister packaging for resale to consumers at various retail outlets.”
We agree that the country of origin will be Taiwan.
You state, “In the interest in fully informing consumers, marking the product packaging ‘Assembled in Taiwan from components made in China and Taiwan’ may be required.”
Headquarters Ruling Letter 968034, dated March 16, 2006, stated:
“CBP has established that the phrase ‘Assembled in’ is synonymous with ‘Made in’ or ‘Product of’ as an indicator of origin for goods produced as a result of an assembly operation and the country of origin of the article is determined to be the country of assembly. In regard to proposed marking statements, section 134.43(e), CBP Regulations (19 CFR 134.43(e)), provides: Where an article is produced as a result of an assembly operation and the country of origin of such article is determined under this chapter to be the country in which the article was finally assembled, such article may be marked, as appropriate, in a manner such as the following: ... (1) Assembled in (country of final assembly); (2) Assembled in (country of final assembly) from components of (name of country or countries of origin of all components); or (3) Made in, or product of, (country of final assembly).”
Therefore, your proposed country of origin marking is one of the acceptable options, but not required, per se.
You also state, “Finally we believe that marking the product packaging only – without stamping country of origin information on the product itself – is appropriate because the product will only (be) sold in the blister packaging.”
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the KidMeasures by viewing the container in which it is packaged, the individual KidMeasures would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the KidMeasures are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported KidMeasures provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
We agree that the applicable subheading for the KidMeasure will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7%.
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,
Thomas Russo
Director
National Commodity Specialist Division