CLA-2-85:OT:RR:NC:SP:237
Mr. Ronald P. Braatz
Olympic International, LLC
4670 Juneau LN
Plymouth, MN 55446
RE: The tariff classification and country of origin marking for Hi-Carbon heating sheets from South Korea.
Dear Mr. Braatz:
In your letter dated March 11, 2009 you requested a tariff classification and country of origin marking ruling for Hi-Carbon heating sheets. You provided a power point brochure and sample for our review. The sample is being returned.
Hi-Carbon is a 1mm thick black sheet that consists of a layer of carbon-coated woven cotton fabric and two flat copper strips laminated between two layers of plastic. The sheet is designed for use in the home or office as an electrical heating system. The sheet may be installed to floors or walls beneath carpet, tile or wood by hot melt glue gun. Heat is generated when the copper strips are connected to an electric power source. The amount of radiated heat and temperature are controlled by the thickness of the carbon coating. The sheet comes in two grades: 40oC (104oF) for normal weather and 50oC (122oF) for extremely cold weather. The sheet will be imported in 50m long rolls in widths of 550mm or 1050mm.
The applicable subheading for the Hi-carbon heating sheets supplied in rolls will be subheading 8545.90.4000, HTSUS, which provides for: other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes. The rate of duty will be free.
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.
Your sample is marked “Made in Korea”. However, the country of origin of the imported sheeting is South Korea. Therefore, the outside of each roll must be marked “Made in South Korea” or “Made in the Republic of Korea” to indicate to the ultimate purchaser its country of origin and satisfy the marking requirements of 19 U.S.C. 1304. The bold 3/8 inch white letters, shown on your sample, are a conspicuous, legible, permanent and acceptable form of lettering.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division