CLA-2-90:S:N:N1:104 875043

1704.10.0000; 1704.90.2005; 2104.10.0020;
2501.00.0000; 3005.10.5000; 3005.90.1000;
3605.00.0030; 3605.00.0060; 3923.21.0090;
4901.10.0040; 5511.10.0060; 5903.90.2000;
7317.00.5530; 7319.10.0000; 7319.20.0050;
7612.90.1030; 8205.59.5505; 8309.90.0000;
9014.10.9000; 9208.90.0080; 9507.20.8000;
9801.00.1099

Mr. Hadley Robichaud
Old Hampshire House
R.R. #2
Brookside Road
Truro, Nova Scotia
Canada B2N 5B1

RE: The tariff classification of a survival kit from Canada with various components made in Canada, Hong Kong and the United States.

Dear Mr. Robichaud:

In your letter dated May 14, 1992, you requested a tariff classification ruling. The survival kit is contained within a sealed aluminum can. The kit is comprised of various food, medical, survival supplies and information. The can itself can be utilized for cooking, drinking and bailing purposes. Components of the kit are one compass, two salt tablets, two drinking water tablets, two ASA tablets, two fire starter blocks, three meters of multi-use cord, one medical and survival information pamphlet, 91cm (three feet) multi-use wire, four water proof matches, 36 meters (118 feet) fish line/sewing thread, one bouillon soup packet, one tea bag, one sugar packet, one match book, one razor blade, two twist ties, one medical swab packet, 30cm duct tape, one signal "mirror", one zip loc bag, two medical wound dressings, one sewing needle, two safety pins, two fish hooks, one signal whistle, one energy candy, one piece of gum and two galvanized steel nails. The submitted sample will be retained by this office. The kit is blister packed onto a cardboard backing which lists pertinent details on the product such as its components. The compass is manufactured in Hong Kong. The signal whistle is manufactured in the United States. Balance of the components are manufactured in Canada.

The applicable subheading for the compass will be 9014.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for direction finding compasses: other. The rate of duty will be 5.7% ad valorem.

The applicable subheading for the salt tablets will be 2501.00.0000, HTS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution. The rate of duty will be Free.

The applicable subheading for the multi-use cord and the fish line/sewing thread will be 5511.10.0060, HTS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale: Of synthetic staple fibers, containing 85 percent or more by weight of such fibers...Other. Both these items fall within textile category designation 200. The rate of duty will be 13% ad valorem.

Goods classifiable under subheading 5511.10.0060, HTS, which have originated in the territory of Canada, will be entitled to a 7.8% ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the medical and survival information pamphlet will be 4901.10.0040, HTS, which provides for printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: in single sheets, whether or not folded...other. The rate of duty will be Free. The applicable subheading for the waterproof matches will be 3605.00.0030, HTS, which provides for matches, other than pyrotechnic articles of heading 3604...matches with natural wood stems. The rate of duty will be Free.

The applicable subheading for the soup packet will be 2104.10.0020, HTS, which provides for soups and broths and preparations therefor; homogenized composite food preparations: soups and broths and preparations therefor...dried. The rate of duty will be 7% ad valorem.

Goods classifiable under subheading 2104.10.0020, HTS, which have originated in the territory of Canada, will be entitled to a 4.2% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the tea bag will be 0902.30.0010, HTS, which provides for tea: black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg...in tea bags. The rate of duty will be Free.

The applicable subheading for the sugar will be 1701.99, HTS, which provides for cane or beet sugar and chemically pure sucrose, in solid form: other. For the sugar described in paragraphs (a) and (b) of additional U.S. note 3 to chapter 17 and entered pursuant to the provisions, and not to be further refined or improved in quality, the applicable subheading will be 1701.99.0125, HTS. The rate of duty will be 1.4606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.943854 cents per kilogram. For other sugar, not to be further refined or improved in quality, the applicable subheading will be 1701.99.0225, HTS. The duty rate will be 37.386 cents per kilogram less 0.529 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 24.161 cents per kilogram. In addition, merchandise which is classifiable under subheadings 1701.99.0125 and 1701.99.0225, HTS, which is not subjected to additional refining or improvements in quality in the United States is subject to a supplemental agricultural fee of 2.2 cents per kilogram under item 9904.40.20, HTS.

Goods classifiable under subheadings 1701.99.0125 and 1701.99.0225, HTS, which have originated in the territory of Canada, will be entitled to a 0.8763 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.943854 cents per kilogram rate of duty under the United States- Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the match book will be 3605.00.0060, HTS, which provides for matches, other than pyrotechnic articles of heading 3604...other. The rate of duty will be Free.

The applicable subheading for the razor blade will be 8205.59.5505, HTS, which provides for edged handtools: single edge razor blades other than for shaving. The rate of duty will be 5.3% ad valorem.

Goods classifiable under subheading 8205.59.5505, HTS, which have originated in the territory of Canada, will be entitled to a 3.1% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the twist ties will be 8309.90.0000, HTS, which provides for stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packing accessories, and parts thereof, of base metal: other. The rate of duty will be 5.2% ad valorem.

Goods classifiable under subheading 8309.90.0000, HTS, which have originated in the territory of Canada, will be entitled to a 3.1% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations. The applicable subheading for the medical swab packet will be 3005.90.1000, HTS, which provides for wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: other: coated or impregnated with pharmaceutical substances. The rate of duty will be 2.4% ad valorem.

Goods classifiable under subheading 3005.90.1000, HTS, which have originated in the territory of Canada, will be entitled to a 1.4% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the duct tape will be 5903.90.2000, HTS, which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: other: other: over 70 percent by weight of rubber or plastics. The rate of duty will be 4.2% ad valorem.

Goods classifiable under subheading 5903.90.2000, HTS, which have originated in the territory of Canada, will be entitled to a 2.5% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the zip loc bag will be 3923.21.0090, HTS, which provides for articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: sacks and bags (including cones): of polymers of ethylene...other. The rate of duty will be 3% ad valorem.

Goods classifiable under subheading 3923.21.0090, HTS, which have originated in the territory of Canada, will be entitled to a 1.8% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the plastic strip wound dressings will be 3005.10.5000, HTS, which provides for wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: adhesive dressings and other articles having an adhesive layer: other. The rate of duty will be 7% ad valorem.

Goods classifiable under subheading 3005.10.5000, HTS, which have originated in the territory of Canada, will be entitled to a 4.2% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the sewing needle will be 7319.10.0000, HTS, which provides for sewing, darning or embroidery needles. The rate of duty is Free.

The applicable subheading for the safety pins will be 7319.20.0050, HTS, which provides for safety pins...other. The rate of duty will be 9% ad valorem.

Goods classifiable under subheading 7319.20.0050, HTS, which have originated in the territory of Canada, will be entitled to a 5.4% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the fish hooks will be 9507.20.8000, HTS, which provides for fish hooks, whether or not snelled: other. The rate of duty will be 6% ad valorem.

Goods classifiable under subheading 9507.20.8000, HTS, which have originated in the territory of Canada, will be entitled to a Free rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the signal whistle will be 9208.90.0080, HTS, which provides for music boxes, fairground organs, mechanical street organs, mechanical singing birds, musical saws and other musical instruments not falling within any other heading of this chapter; decoy calls of all kinds; whistles, call horns and other mouth-blown sound signaling instruments: other...other. The rate of duty will be 5.3% ad valorem. Goods classifiable under subheading 9208.90.0080, HTS, which are of United States origin will be entitled to a Free rate of duty under subheading 9801.00.1099, HTS, upon compliance with all applicable regulations.

The applicable subheading for the energy candy will be 1704.90.2005, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoa: other: other: put up for retail sale. The rate of duty will be 7% ad valorem.

Goods classifiable under subheading 1704.90.2005, HTS, which have originated in the territory of Canada, will be entitled to a 4.2% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the gum will be 1704.10.0000, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoa: chewing gum, whether or not sugar-coated. The rate of duty will be 5% ad valorem.

Goods classifiable under subheading 1704.10.0000, HTS, which have originated in the territory of Canada, will be entitled to a 3% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations. The applicable subheading for the nails will be 7317.00.5530, HTS, which provides for nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: other: of one piece construction: made of round wire...other: other: smooth shank: coated, plated or painted: galvanized. The rate of duty will be 0.5% ad valorem.

Goods classifiable under subheading 7317.00.5530, HTS, which have originated in the territory of Canada, will be entitled to a 0.3% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations.

The applicable subheading for the aluminum can will be 7612.90.1030, HTS, which provides for aluminum casks, drums, cans, boxes and similar containers (including rigid or collapsible tubular containers), for any material (other than compressed or liquefied gas), of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: other: of a capacity not exceeding 20 liters...cans of a capacity not exceeding 355 ml. The rate of duty will be 5.7% ad valorem.

Goods classifiable under subheading 7612.90.1030, HTS, which have originated in the territory of Canada, will be entitled to a 3.4% ad valorem rate of duty under the United States-Canada FTA upon compliance with all applicable regulations. Your inquiry does not provide enough information for us to give a classification ruling on the drinking water tablets, the ASA tablets, fire starter blocks, multi-use wire and signal "mirror". With regard to the tablets, your request for a classification ruling should include a chemical breakdown by generic chemical name and percentages. Your request for a classification ruling on the fire starter blocks and signal "mirror" should include a component breakdown by name and percentage of materials used in their manufacture. Indicate type of metal used in the manufacture of the multi-use wire.

With regard to the country of origin markings, an examination of the submitted sample shows that the merchandise in its imported condition does not comply with U.S. marking requirements. The only marking visible on the blister card reads "THE SURVIVORS SURVIVAL KIT - DIVISION OF OLD HAMPSHIRE HOUSE, TRURO, N.S. B2N 5B1". When removed from the blister packaging, a similar marking printed on the back of the aluminum can is visible. Unless excepted by law, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), 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 the country of origin of the article. "Country" in this case means the political entity known as a nation.

The name or abbreviation of a name of a country's province is not considered acceptable marking. Reference to a province (in this instance, N.S. for Nova Scotia) does not insure that the ultimate purchasers will be fully informed of the country of origin. Merchandise must be marked with the appropriate country of origin. We suggest you contact the local Customs office at the port of importation for further guidance in this area.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport