CLA-2-85:OT:RR:NC:N1:102
Ms. Emily Chauvin
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355
RE: The tariff classification and country of origin marking of a heated wrinkle device and serum cartridge from various countries
Dear Ms. Chauvin:
In your letter dated November 9, 2010 you requested a tariff classification and marking ruling. Descriptive information was submitted.
The article in question is described as a heated wrinkle device designed to heat serum and allow for dispensing of the serum for facial application. The device is battery-operated and includes an adapter to allow for charging the battery from an electrical wall outlet. The serum is packaged within a cartridge that is specifically designed for use with the electric heating device. You indicate that the wrinkle device may be imported with or without the serum cartridge.
In your request you suggest that the wrinkle device when imported without the serum cartridge is classified in heading 8516, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electrothermic appliances. When imported with the serum cartridge you suggest that the combination of device and cartridge is properly classified in heading 3304, HTSUS, which provides for preparations for the care of the skin. However, because the serum cartridge is an integral part of the wrinkle device, we find that the wrinkle device falls to be classified in HTSUS heading 8516, whether or not imported with the serum cartridge.
The applicable subheading for the wrinkle device, with or without the serum cartridge, will be 8516.79.0000, HTSUS, which provides for other electrothermic appliances of a kind used for domestic purposes. The rate of duty will be 2.7 percent ad valorem.
With regard to the marking of the wrinkle device and serum cartridge, 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 is the end user that will receive the article in its imported condition.
When the wrinkle device alone is manufactured in China and imported by itself into the United States, the device must be marked to indicate China as the country of origin. Similarly, when the wrinkle device and serum cartridge are both manufactured and packaged together in China, the wrinkle device must be marked to indicate China as the country of origin. When the wrinkle device is manufactured in China, the serum cartridge is manufactured in Malaysia, and the device and cartridge are packaged together in South Korea for export to the United States, the wrinkle device must be marked to indicate China as the country of origin and the serum cartridge must be marked to indicate Malaysia as the country of origin.
An article itself 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 an 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 article by viewing the container in which it is packaged, the individual article may be excepted from marking under this provision. Accordingly, marking the packaging in which the wrinkle device and serum cartridge are imported and sold to the ultimate purchaser in lieu of marking the articles themselves is an acceptable country of origin marking for the imported articles provided the port director is satisfied that the device and cartridge will remain in the marked container until it reaches the ultimate purchaser.
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/.
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 Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division