CLA-2-96:RR:NC:2:231 C86913
Mr. Richard Ambrose, Jr.
F.J. Neil Company, Inc.
1064 Route 109
Box 617
Lindenhurst, NY 11757-0617
RE: The tariff classification and country of origin marking of
electrical lighters and igniters from Taiwan.
Dear Mr. Ambrose:
In your letter, dated April 13, 1998, you have requested a
tariff classification ruling.
The product, "Butane Mini Torch," is comprised of two
pieces. The "Butane Mini Torch" is a compact butane torch that
is powered by "Iroda" RC-30, a separate, disposable butane
cartridge. The mini torch has a piezoelectric ignition system
with safety lock flame. A sample has been submitted with your
letter for review.
The applicable subheading for the igniter, "Iroda" RC-30,
will be 9613.10.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for cigarette lighters and other
lighters, whether or not mechanical or electrical, and parts
thereof other than flints and wicks, pocket lighters, gas fueled,
non-refillable. The rate of duty will be 8.4 percent ad valorem.
The applicable subheading for the "Butane Mini Torch" will
be 9613.80.2000, HTS, which provides for cigarette lighters and
other lighters, whether or not mechanical or electrical, and
parts thereof other than flints and wicks, other lighters,
electrical. The rate of duty will be 3.9 percent ad valorem.
The marking statute, section 304, Tariff Act of 1930, as
amended (19 USC 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
that is worked into the article at the time of manufacture.
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.
We note that the submitted sample is not legally marked.
The country of origin is required.
Additional requirements may be imposed on this product by
the Consumer Products Safety Commission. You may contact the
CPSC at:
Mr. Robert Moro
Consumer Products Safety Commission
6 World Trade Center, Room 350
New York, NY 10048
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR 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 Ralph
Conte at (212) 466-5759.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division