CLA-2-90:OT:RR:NC:4:405
Mr. Douglas Greene
Aqua Smart, Incorporated
2425 NW 69th Street
Vancouver, WA 98665
RE: The tariff classification of an Aqua Smart System from Taiwan
Dear Mr. Greene:
In your letter dated January 20, 2013, you requested a tariff classification ruling. No samples were provided.
The system consists of a magnetic thermal sensor, a receiver, and a transmitter. The first two are attached to the hot water tank and the transmitter is put in a convenient location in the home. The measured water temperature is transmitted by the receiver to the transmitter, which transmits commands concerning the desired water temperature to the receiver, which causes the water heater to turn on and off so that the outgoing water temperature is maintained at the level chosen by the homeowner. The transmitter is imprinted “Water Heater Thermostat,” displays the current water temperature, has arrows to increase and decrease the desired water temperature that is to be maintained, and includes additional controls to choose time frames during which the user wishes the water heater to bring the water temperature to another temperature and maintain it at that desired value.
You stated that you were also requesting a ruling on its country of origin, but you state only that its country of origin is Taiwan and you have provided no other information so we can state only that we have no reason to believe that it is not correct. “Taiwan” is the preferred name as noted in Headquarters Ruling Letter 732917, dated May 11, 1990.
You also stated that you were also requesting a ruling on its Marking. A marked sample was not submitted with your letter for review. However, you did submit an illustration of the “Left Side of the Box,” which includes “Manufactured in Taiwan” in all capitals in printing at least as large as the printing of a USA address and the phrase “Industry Canada Certification.” These three can all be readily seen in one glance in the illustration. We understand the Box to be the retail packaging that will be seen by the ultimate purchaser.
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.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
The proposed marking of imported Aqua Smart System, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported Aqua Smart System.
The applicable subheading for an Aqua Smart System will be 9032.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” thermostats. The rate of duty will be 1.7% 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 J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division