CLA-2-34:OT:RR:NC:2:236
Ms. Kim M. Lamberton
173 West Service Road
Champlain, NY 12919
RE: The tariff classification and country of origin marking of Lens & Screen Cleaning Kits
From Japan, Canada, and China
Dear Ms. Lamberton:
In your ruling request dated July 17, 2012, you requested a tariff classification and country of origin marking ruling.
You have submitted three Lens & Screen Cleaning Kits identified as “Kit D,” “Kit E,” and “Kit F.” “Kit D” consists of a 100% vinyl flexible plastic case, appropriately sized for its contents and small enough to be carried in a handbag, an appropriately sized 50% polyester and 50% nylon cleaning cloth, and a 1.0 fluid ounce squirt bottle of lens cleaner fluid, which does not contain any aromatic or modified aromatic surface-active agents. “Kit E” consists of a 100% vinyl flexible plastic case, appropriately sized for its contents and small enough to be carried in a handbag, an appropriately sized 50% polyester and 50% nylon cleaning cloth, and a 0.6 fluid ounce squirt bottle of lens cleaner fluid, which does not contain any aromatic or modified aromatic surface-active agents. “Kit F” consists of a 100% vinyl flexible plastic case, appropriately sized for its contents and small enough to be carried in a handbag, an appropriately sized 50% polyester and 50% nylon cleaning cloth, and a 1.0 fluid ounce squirt bottle of lens cleaner fluid, which does not contain any aromatic or modified aromatic surface-active agents.
The Explanatory Notes to the Harmonized Tariff System, although not legally binding, provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3 (b) provides that the term "goods put up in sets for retail sale" means goods that; (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without re-packing. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3 (c) provides that when goods cannot be classified by reference to GRI 3 (a) or 3 (b), they are to be classified in the heading that occurs last in numerical order among those which equally merit consideration.
The subject merchandise will be classified as a set for tariff classification purposes, with the essential character imparted by the lens and screen cleaning fluids.
The applicable subheading for “Kit D,” “Kit E,” and “Kit F” will be 3402.20.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other. The general rate of duty will be free.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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/.
In regard to your request for a ruling on whether your proposed marking method is an acceptable country of origin marking for the products at issue; marked samples were submitted with your letter for review.
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 “Kit D,” “Kit E,” and “Kit F” does not meet the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking. Although the individual contents are properly marked with the country of origin, the case is not properly marked. The submitted cases are marked with stickers stating “Lens and Screen Cleaning Kit made in Canada,” which is misleading and does not provide for the cases, which you indicate are made in China. In order to meet the above marking requirements, the cases must be permanently marked with “China” or “Case made in China.”
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 Nuccio Fera at (646) 733-3034.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division