CLA-2-84:OT:RR:NC:N1:106
Bin Hang, Manager
R.M.B. Dynamics, LLC
4504 Richland Ave.
Metairie, LA 70002
RE: The tariff classification of a Fire Extinguisher Part from China
Dear Mr. Hang:
In your letter dated August 2, 2010 you requested a tariff classification ruling.
The merchandise under consideration has been identified as an empty aluminum canister used in the manufacturer of a fire extinguisher. The empty canisters, once imported, are filled in the United States with fire suppressant foam. This is a disposable fire extinguisher and is not designed to be recharged and reused. You state in your ruling request that the aluminum canister is 218mm in height and 66mm in diameter, you also state that the artwork on the empty canister shows a weight of 16oz but did not indicate whether this was the weight of the canister empty or charged.
The applicable subheading for the empty aluminum fire extinguisher canister will be 8424.90.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “…fire extinguishers, whether or not charged…: Parts: Of fire extinguishers”. The rate of duty will be Free.
In addition you requested a ruling on whether the proposed marking “Made in USA” is an acceptable country of origin marking for the imported fire extinguishers once it has been charged. A marked sample was not submitted with your letter for review, although a pictorial representation was provided.
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.
If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S.
Finally, you requested guidance on what documentation is required to be submitted when the fire extinguishers are imported into the United States. Unfortunately that is beyond the purview of this office. You may submit your request to the Entry Processing and Duty Refund Branch, Office of Regulations and Rulings, Office of International Trade, Customs and Border Protection 799 9th Street, NW- 7TH Floor, Washington, DC 20001-1177
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 Mark Palasek at (646) 733-3013.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division