CLA-2-83:OT:RR:NC:N1:121
TARIFF No.: 8301.30.0090; 8301.60.0000
Mr. Robert J. Sylvia
Hudson Lock, LLC
81 Apsley Street
Hudson, MA 01749-1549
RE: The tariff classification and country of origin marking requirements of a showcase lock kit and a ratchet bar
Dear Mr. Sylvia:
This is in response to your letter dated July 22, 2008, requesting a ruling on the classification of imported showcase lock kits and ratchet bars and whether the proposed marking “Made in China” is an acceptable country of origin marking. The sample which you submitted is being retained by this office.
The merchandise under consideration is described as a Showcase Lock Kit, article number 15RL-ES201. The kit contains a base metal lock body, two corresponding base metal keys on a split ring and two base metal ratchet bars. One ratchet bar is suitable for use on frameless sliding glass showcase doors; the other ratchet bar includes a threaded fastener and plastic fitting for use on framed sliding glass showcase doors. Your letter also indicates that you will be importing the ratchet bars separately (see scenario number 4 below).
At the time of importation, each kit is packed in a transparent poly-bag with a sticker label marked “Made in China” on the front of the bag. In addition, the back of the lock body and each ratchet bar will be engraved with the words “Made in China.” The outer carton will also be marked “Made in China” at the time of importation. The keys are engraved with the words “ESP Corp” on one side and a five digit serial number on the other side. The keys are not marked with the country of origin.
You state in your letter that once received at your factory the kits will be removed from the outer cartons and repacked in several ways as explained in the following scenarios.
The kits will remain in the marked poly-bags; they will be removed from the import carton and repacked in a different carton for delivery to locksmiths and locksmith distributors. The country of origin will appear on the back of the lock body, both ratchet bars, the individual poly-bags and the outer shipping carton. A repackaging certificate will accompany the invoice.
Once received by the importer, the individual poly-bags will be opened and one ratchet bar will be removed from the kit. The new kit will include the lock body, the keys and only one ratchet bar. The words “Made in China” will appear on the back of the lock body, the ratchet bar, the new poly-bag and the shipping box. A repackaging certificate will accompany the invoice.
Ratchet bars left-over from scenario number 2 will be combined with lock bodies made in the U.S. to form a new kit. No mention is made in your letter of the origin of the keys. The U.S. made lock bodies are not marked with their country of origin, but the ratchet bars are marked “Made in China.” The individual poly-bags and shipping cartons will not be marked with the country of origin.
Ratchet bars will be imported in bulk and combined with U.S. made lock bodies to form a kit. No mention is made in your letter of the origin of the keys. The ratchet bars will be marked with the words “Made in China.” The individual poly-bags and shipping cartons will not be marked with the country of origin.
The applicable subheading for the showcase lock kit will be 8301.30.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for padlocks and locks (key, combination or electrically operated), of base metal…locks of a kind used for furniture, other. The rate of duty will be 5.7 percent ad valorem.
The applicable subheading for the ratchet bars will be 8301.60.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for padlocks and locks (key, combination or electrically operated), of base metal…other locks, parts. The rate of duty will be 2.8 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 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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of the imported showcase lock kits, as described above in scenario numbers 1 and 2, is not marked in satisfaction of 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 lock kits. As per HQ 734440, dated March 30, 1992, keys are a separate entity, are carried separately and have a separate and distinct function from the lock. The keys associated with the imported lock kit must be marked with the country of origin.
Your inquiry does not provide enough information for us to give a marking ruling on the lock kits in scenarios number 3 and 4. Your request for a marking ruling should include the country of origin of the keys and a statement as to whether they are marked with the country of origin and the method of marking. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division