CLA-2-84:OT:RR:NC:N1:104
Mr. ZuoZhao Feng
Shenzhen Jisong Electronics Co., Ltd.
401 Fuyuan Building
Fanshen Road, 45 Block
Baoan District, Shenzhen
China 518133
RE: The tariff classification of the CreoPop 3D Printing Set from China
Dear Mr. Zuo:
In your letter dated July 14, 2015 you requested a tariff classification ruling. Sample will be returned to you as per your request.
The CreoPop 3D Printing Pen Set features a lithium-ion powered portable 3D printing pen. The pen has a built-in rechargeable 1.5 Wh, 400mAh, 3.7V Li-Polymer battery which allows a person to operate the pen for one hour on a single charge. The 3D Pen has a battery indicator light that will turn on when the battery becomes low so that a person can recharge it using the included charging cable. Users of the CeoPop 3D Pen are able to draw 2D and 3D designs in a freestyle freehand format without being connected to a printer. No software is needed to print designs. The CreoPop pen extrudes light sensitive ink called photopolymers which are solidified by the LED lights surrounding the nozzle of the pen. There is no hot or melting plastic or unpleasant smell. A user just has to push a button and start drawing. Cartridges can be easily changed to create more complex designs. The CreoPop set is imported packaged for retail sale in a retail box. The set contains:
One CreoPop 3D Printing Pen
CreoPop Ink Box containing Three Ink Cartridges and an Ink Information Flyer
One Instruction Manual and One Quick Start Guide
One Mini-USB cable
General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS.
All the components are packed in a box that features a specially designed foam insert with cutouts for holding the set’s components. No additional articles will be added to the set subsequent to importation. In view of these facts, consideration was given to General Rule of Interpretation 3(b) (“GRI 3(b)”). Explanatory Note X to GRI 3(b) provides that for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which: (a) consist of at least two different articles, which are, prima facie, classifiable in different headings, (b) consist of products or articles put up together to meet a specific activity; and (c) are put up in a manner suitable for sale directly to users without repackaging.
The instant set consists of at least two different articles that are, prima facie, classifiable in different subheadings. The set consists of articles put up together to carry out a specific activity, i.e., 3D printing. Finally, the components are put up in a manner suitable for sale directly to users without repacking. Therefore, the set in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. In this office’s opinion, the 3D printing pen provides the essential character to the set. In accordance with GRI 3(b), the applicable subheading for the CreoPop 3D Printing Pen Set, as described above, will be 8477.80.0000, HTSUS, which provides for “Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter; parts thereof: Other machinery”. The rate of duty will be 3.1 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/.
In your original submission, you also requested a ruling on whether the proposed marking “Assembled in China” found on the set’s retail box is an acceptable country of origin marking for imported set.
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.
In this case, we find that we need additional information to make a marking determination. Please submit the following information –
Are all the articles of the boxed set manufactured in China? If not, provide the country of origin for each non-Chinese article.
Are all the pen’s components manufactured in China or is the pen assembled in China from non-Chinese components?
Submitted sample shows “Assembled in China”. What specific assembly work is performed in China? Is it the production of the pen itself or only the placement of the various articles (pen, inks, instruction manual, quick start guide and cable) into the retail box?
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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division