CLA-2-38:OT:RR:NC:2:239
Umberto Roccatti
Smart Evo USA Inc.
450 S Venice Blvd. #12
Venice, CA 90291
RE: The tariff classification of Puff it liquids for electronic cigarettes from Italy
Dear Mr. Roccatti:
In your letter dated August 5, 2014, you requested a tariff classification ruling. Samples were submitted with your inquiry and are being returned.
Your inquiry pertains to three flavors of Puff it liquids indicated for use in electronic cigarettes. The flavors submitted, Mavri, Reglisse, and Mojo, are packaged in retail bottles. Each flavor consists of Propylene glycol, Glycerol, Water, Nicotine, and Aroma.
The applicable subheading for the Puff it liquids for electronic cigarettes will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent 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/.
The copy of the label submitted with your inquiry does not indicate the country of origin. 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. The box must be labeled with the country of origin Italy.
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 Patrick Day at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division