CLA-2-90:RR:NC:MM:101 K88378
Mr. Steven B. von Dobschutz
Sound Off, Inc.
P.O. Box 206
5132 37th Avenue
Hudsonville, Michigan 49426
RE: The tariff classification of a Copper Wire, a Hardware Kit, a Cigarette/Cigar Power Cord, a Plastic Lens, and a Vehicle Light Housing - all from Taiwan
Dear Mr. von Dobschutz:
In your letter dated July 23, 2004 you requested a tariff classification and country of origin ruling.
You submitted samples, technical drawings and brochures of items used in emergency vehicle and commercial vehicle lighting products.
A Copper Wire, UL1015 18 gauge, approximately 18” long, partially stripped on one end and tinned with solder on the other stripped end. You state that you purchase this wire in a variety of colors, lengths and gauges (typically from 6AWG to 24 AWG, although primarily in 18 AWG). This wire is imported in boxes of up to 3,000 pieces per box. These wires are to be used in electronic assemblies.
A Hardware Kit, consisting of seven metal components in a poly bag. You state that these kits arrive in the US packaged several hundred pieces per shipping carton. This hardware kit (as is) is included with a vehicle warning light inside of a box. The contents of the kit are:
1 pc Metal U Bracket 1 3/8”W x ¾”D x 1 3/16”H with one hole in each upright side.
1 pc Metal 7/16” hex head bolt, 2 1/8” total length.
1 pc Metal carriage bolt, 1 ¼” total length.
2 pcs Metal lock washers ½” outside diameter x 5/16” inside diameter.
3 pcs Metal 7/16” hex nuts.
An 8-foot Cigarette/Cigar Power Cord with terminations and label attached. The unit contains a typical cigar plug end (with 10 amp fuse) on one end of the wire to allow the user to plug into a vehicle’s 12 V cigar lighter or auxiliary power outlet. The other end of the wire is connected to a vehicle warning light for police, fire, EMS, towing or other such emergency or recovery vehicles.
A Plastic Lens in a foam bag with gasket attached. The lens is used in strobe or halogen warning lights intended as secondary warning lights for police, fire, EMS, towing or other such emergency recovery vehicles. The lens provides diffusion and color for the light.
A Vehicle Light Housing, chrome in color, with a T-bracket attached by a bolt with two washers. The unit is a housing for a strobe, halogen, or LED warning light to be mounted on a police, fire, EMS, towing or other such emergency recovery vehicles.
The applicable subheading for the Copper Wire will be 8544.49.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 80 V: Other: Other. The rate of duty will be 3.5% ad valorem.
The applicable subheading for the Hardware Kit will be 8302.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or zinc…Other. The rate of duty will be 2% ad valorem.
The applicable subheading for the Cigarette/Cigar Power Cord will be 8544.41.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 80 V: Fitted with connectors: Other. The rate of duty will be 2.6% ad valorem.
The applicable subheading for the Plastic Lens will be 9001.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Optical fibers and optical fiber cables; optical fiber cables other than those of heading 8544; sheets and plates of polarizing material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked: Other: Lenses. The rate of duty will be 2% ad valorem.
The applicable subheading for the Vehicle Light Housing will be 8512.20.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: Other lighting or visual signaling equipment: visual signaling equipment…For the vehicles of subheading 8701.20 or heading 8702, 8703, 8704, 8705 or 8711. The rate of duty will be 2.5% ad valorem.
This is also in response to your letter dated July 23, 2004 requesting a ruling on whether the proposed method of marking the container in which the Hardware Kit, Plastic Lens, and Vehicle Light Assembly is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported Hardware Kit, Plastic Lens, and Vehicle Light Assembly. A marked sample container was not submitted with your letter for review.
The Hardware Kit consists of seven metal components in a poly bag. The components are: a metal U bracket, a metal hex head bolt, a metal carriage bolt, two metal lock washers, and three metal hex nuts.
The Plastic Lens is in a foam bag and arrives packed several dozen per imported box. You state that in one application, you periodically sell the unit as is, and packed with a hardware kit, bagged, and labeled.
A vehicle Light Housing that arrives assembled and wrapped in a bubble bag, in shipping cartons of 50-100 pieces. In one application, you sell the unit as is, and packed with a hardware kit, bagged, and labeled.
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 Hardware Kit, Plastic Lens, and Vehicle Light Assembly 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 articles will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the Hardware Kit, Plastic Lens, and Vehicle Light Assembly by viewing the container in which it is packaged, the individual pieces would be excepted from marking under this provision.
The Hardware Kit, Plastic Lens, and Vehicle Light Assembly 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 Hardware Kit, Plastic Lens, and Vehicle Light Assembly 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 items provided the port 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 the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert DeSoucey at 646-733-3008.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division