CLA-2-93:OT:RR:E:NC:N2:235
Mr. Andrei Erdoss
Nut Labs, LLC
3325 Cypress Club TRL
Austell, GA 30106
RE: The tariff classification of Ocular Aid Device from Romania
Dear Mr. Erdoss:
In your letter dated April 17, 2014, you requested a tariff classification ruling.
The subject product is called an Ocular Aid Device. It is intended to be attached to a shotgun to aid shooters with ocular cross dominance. Using the attachment will enable shooters to keep both eyes open during shooting while preventing a double image of the shotgun’s barrel.
The product will be imported disassembled, and its parts will consist of:
Small flattened narrow steel pieces, approximately between 15mm and 1mm; weights 0.1oz.
Small semi-transparent plastic blades of heights 50 and 75mm, weights of 25, 30 and 35mm. The blades will be stacked in sets based on their height and width.
Small steel cylinders 65mm, 15mm in diameter, weighing 2oz. The cylinders represent the base of the device and they are equipped with two small 3x5 (metric) screws, two or three steel washers 15 diameter and 2mm thick, and a plastic interior piece.
Small flat 50mm long trapeze shaped steel pieces, perforated at one end. These are used to fasten the ends of the base
Small disassembled branded cardboard boxes, weight per box 1oz. The boxes will serve as packaging for the product’s parts when it is sold to customers.
During import, the components (i.e. rods, bases, blades) will be sorted and packed together in separate small boxes. These compartments will then be arranged in one larger parcel which will be sealed and marked for shipment. The larger parcel will thus hold an entire shipment of the product.
The applicable subheading for the Ocular Aid Device, when imported together with all parts required for use, will be 9305.20.8033, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Parts and accessories of articles of headings 9301 to 9304: of shotguns or rifles of heading 9303: Other: Other: Other. The rate of duty will be free.
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/.
Your letter also requested a ruling on whether the proposed marking “Made in Romania” is an acceptable country of origin marking for the imported Ocular Aid Device. A marked sample was not submitted with your letter for review; however, you state that all component materials of the products are sourced from Romania. You indicate that marking the actual product through etching or painting would be challenging due to the minute size of the components therefore causing production to be economically prohibitive.
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. 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. 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 product by viewing the container in which it is packaged, the individual product 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 products 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 product provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
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 Paul Hodgkiss at [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division