CLA-2-83:RR:NC:N1:113 G83608
Ms. Marianne Amrhein
The Executive Line
30 Church Street
Chatham, NY 12037
RE: The tariff classification of locks and memo holders from China and Taiwan
Dear Ms. Amrhein:
In your letter dated October 12, 2000, you requested a tariff classification ruling.
The samples you provided are of eight different articles. The Sweet Frame Multi is a small plastic base with three steel wires used to hold photographs. The Sweet Frame (no sample provided) is the same, but with only one stem. Neither is an actual frame, they are only display holders for photographs. The Happy Touch is a similar item, but with a suction cup or a peel-off foam tape on the back to hold it to a surface.
The Magic Holder is a memo holder made of ABS plastic and polyethylene.
The ST-W1 is a set containing a brass luggage tag and a small zinc cable lock. The lock measures 4 cm. in width. Although the items may be imported together in a retail package, they are not put up together to meet a particular need or carry out a specific activity. Therefore, they will be classified separately. You mentioned in a telephone call that the tag was steel; however, the letter states that it is brass, and it does not attract a magnet.
The ST-P1 is a zinc padlock, measuring 3.5 cm. in width. The PL646 is a round combination cable lock, measuring 4 cm in diameter. The PL 967 is a combination cable lock made of plastic and metal. It measures 5.2 cm in width. All of these locks are combination locks.
The applicable subheading for the two Sweet Frames and the Happy Touch will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornaments, of base metal, other. The rate of duty will be free.
The applicable subheading for the Magic Holder will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, office or school supplies. The rate of duty will be 5.3 percent ad valorem.
The applicable subheading for the padlocks, not over 3.8 cm in width will be 8301.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks, of base metal, not of cylinder or pin tumbler construction, not over 3.8 cm in width. The rate of duty will be 2.3 percent ad valorem.
The applicable subheading for the padlocks, over 3.8 cm but not over 6.4 cm in width will be 8301.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks, of base metal, not of cylinder or pin tumbler construction, over 3.8 cm but not over 6.4 cm in width. The rate of duty will be 3.8 percent ad valorem.
The applicable subheading for the brass luggage tag will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of copper, other, other, other. The rate of duty will be free.
You also requested a ruling on whether the proposed marking "Made in Taiwan” or “Made in China" is an acceptable country of origin marking. A marked sample was not submitted with your letter for review. You intend to mark each item individually with a sticker bearing 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 proposed marking of the imported items, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported items.
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 James Smyth at 212-637-7008.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division