CLA-2-82:RR:NC:1: 115 F80648
Mr. Christopher Garcia
Kuehne & Nagel
8870 Boggy Creek Rd. suite 100
Orlando, Florida 32824
RE: The tariff classification of Screwdriver and Drill Bits from Taiwan.
Dear Mr. Garcia:
In your letter dated December 6, 19999 you requested a tariff classification ruling and a marking ruling on behalf of your client Qualtool Inc.
The sample submitted is a sealed plastic bag that holds 25 drill or screwdriver bits that are approximately 3 inches in length each. The bag is marked Made in Taiwan R.O.C. in a contrasting color and is legible.
The applicable subheading for the Drill and Screwdriver Bits will be 8207.90.7585, Harmonized Tariff Schedule of the United States (HTS), which provides for Interchangeable tools for handtools, whether or not power-operated, or for machine-tools (for exaample. For pressing, stamping, punching tapping, threading, drilling, boring, broaching, milling, turning or screwdriving); base metal parts thereof: Other: Other: Other: The rate of duty will be 3.7% ad valorem.
Please note the rate of duty will be the same in 2000.
In your inquiry you request a marking waiver on the individual bits as being economically prohibitive. The bits are sold for 14 cents a piece and die-stamping would be next to impossible. Under Part 134 of the Customs Regulations “Country
Of Origin” unless excepted by law, Section 304, Tariff Act of 1930, as amended, requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly. Indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of of the country of origin of the article, at the time of importation into the customs territory of the United States. Containers of articles excepted from marking shall be marked with the name of the country of origin of the article unless the container is also excepted from marking.
Section 134.32 of the Customs Regulations Subpart D allows for general exceptions to marking requirements and article © states that Articles that cannot be marked prior to shipment to the United States except at an expense economically prohibitive of its importation. Conditions described in your letter would allow the waiver of marking for each bit. However the outermost cartons as well as the hermetically sealed bags must be marked “Made in Taiwan”.
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 Melvyn Birnbaum at 212-637-7017.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division