NY A81795
Jul 3 1996
CLA-2-40:RR:NC:FC:240 A81795
Mr. Dennis Heck
Tower Group International
2400 Marine Avenue
Redondo Beach, CA 90278-1103
RE: The tariff classification of Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV from Canada
Dear Mr. Heck:
In your letter dated April 5, 1996 you requested a tariff classification ruling on behalf of your client National Rubber Company, Inc. The samples you submitted with your inquiry were sent for analysis to our laboratory.
Samples of the Load-Grip Anti-Skid Pads and Sheets I, II, III and IV were submitted with your inquiry. These products are composed essentially of reclaimed rubber, and are manufactured in sheets and pads. The Load-Grip Anti-Skid Pads and Sheets are utilized in reducing skidding of products, pallets and cartons during shipping.
The Load-Grip I is a compression molded plate composed of 50 percent Ground Masticated Die Cut Skeletons (rubber and fiber scrap), 40 percent Friction (uncured styrene butadiene rubber and nylon or polyester fiber) and 10 percent styrene butadiene rubber waste. Load-Grip II is composed of 50 percent styrene butadiene rubber waste and 50 percent surface modified rubber crumb. Load-Grip III is composed of 45 percent GRDS, 20 percent Friction, 20 percent surface modified tire crumb, and 15 percent rubber waste. Load-Grip IV is a compression molded plate composed of 60 percent surface modified tire crumb, 35 percent rubber waste, and 5 percent rubber process oil.
The applicable subheading for the Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV will be 4003.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for reclaimed rubber in primary forms or in plates, sheets or strip. The duty rate will be free.
You are also requesting a ruling on whether the proposed method of marking the container in which the Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV. A marked sample container was not submitted with your letter for review.
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.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV is the consumer who purchases the product at retail.
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 Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV by viewing the container in which it is packaged, the individual Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV would be excepted from marking under this provision.
Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV which are imported in containers that are marked in the manner described above, are 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 Load-Grip Anti-Skid Pads 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 Load-Grip Anti-Skid Pads and Sheets I, II, III, and IV provided the district 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 theentry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stephanie Joseph at 212-466-5768.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division