MAR-2 OT:RR:NC:N1:118
Mr. Sean Cole
Customs Compliance Manager
Schering-Plough
3070 Route 22 West
Branchburg, NJ 08876
RE: THE COUNTRY OF ORIGIN MARKING AND CLASSIFICATION OF A “SMOOTH MY SOLE MICRO FILE” FROM CHINA.
Dear Mr. Cole:
This is in response to your letter dated October 31, 2008, requesting a ruling on the country of origin and classification for an imported Smooth My Sole Micro file. The Smooth My Sole Micro file is made of three plastic components. One of the components contains a stainless steel heel/sole file. You state that the other component acts as a catch for the shavings from filing the heel or sole of ones foot. The third component acts as a cover for the file when not in use. You state that the country of origin of this product will most likely be China. An unmarked sample was submitted with your letter for review and will be returned as you requested.
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 Smooth My Sole Micro file must be marked as described above and be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
In your letter, you also requested a tariff classification. The applicable subheading for the Smooth My Sole Micro file will be 8214.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of cutlery (for example, hair clippers, butchers' or kitchen cleavers, chopping or mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files); base metal parts thereof: other: other (including parts). The duty rate will be 1.4¢ each plus 3.2% 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/.
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 Kathy Campanelli at (646) 733-3021.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division