CLA-2-39:OT:RR:NC:N4:421
Ms. Priscilla O’Dell
Coleman Cable Inc.
1530 Shields Drive
Waukegan, IL 60085
RE: The tariff classification of solar light lawn ornaments from China
Dear Ms. O’Dell:
In your letter dated April 29, 2009, you requested a tariff classification ruling.
The sample submitted with your letter is a solar light lawn ornament. It consists of a clear acrylic plastic ornament on a ground stake. The ornament on the sample is a hummingbird. Other ornaments in the product line include butterflies, dragonflies and sunflowers. The ornament contains a color changing solar powered LED light.
You suggest classification in subheading 9405.40 of the Harmonized Tariff Schedule of the United States, which provides for other electric lamps and lighting fittings. The light in this garden ornament illuminates the article itself but does not provide any useable light. Decorations are excluded from classification in Chapter 94 by Legal Note 1(l) of the chapter.
The applicable subheading for the acrylic solar light lawn ornaments will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…statuettes and other ornamental articles. The rate of duty will be 5.3 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/.
The cardboard packaging on the ornament is prominently marked “Coleman Cable, Inc. Waukegan, IL 60085,” with the reference “Woods Industries Canada Inc” on the next line. At the bottom of the label, in significantly smaller size letters, there is another reference to “Woods Industries Canada Inc.,” followed by “Toronto, Ontario, Canada.” Appearing below that are the words “Manufactured in China” and “Fabrique en Chine.”
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.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
In this case, even though the words “Manufactured in China” appear on the same side as the Illinois and Canadian references, the letters are significantly smaller and in a much less prominent location than the Illinois reference and the first Canadian reference. The proposed marking does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported solar light lawn ornaments. The country of origin notation must be in comparable size lettering and equally prominent location as the references to Illinois and Canada.
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 Joan Mazzola at (646) 733-3023.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division