CLA-2-93:OT:RR:NC:2:235
Mr. Andrei Erdose
Nut Labs LLC
3325 Cypress Club Trl
Austell, GA 30106
RE: The tariff classification of an Ocular Aid Device from Romania
Dear Mr. Erdose:
In your letter dated March 15, 2013 you requested a tariff classification ruling.
The subject product is called an Ocular Aid Device. It is intended to be attached to a shotgun to aid shooters with ocular cross dominance. Using the attachment will enable shooters to keep both eyes open during shooting, while preventing a double image.
The product will be imported disassembled, and its parts will consist of:
small metal rods of about the girth of a number two pencil having various heights, approximately between 50mm and 112mm; weights between 0.1oz and 1.1oz
small semi transparent plastic blades of various widths and heights. The blades will likely be stacked in sets based on their height; weight per three sets 1oz
small metal cylinders approximately of the girth of a human finger; weight 1oz. The cylinders represent the base of the device and they are equipped with small screws and a plastic interior
small angled hex keys; weight approx 0.1oz
small disassembled cardboard boxes; weight per box 1.2oz.
The boxes will be “branded and they will serve as packaging for the product’s parts as it is shipped to customers”. During import, each type of component (i.e. rods, bases, blades) will be packed together in separate compartments or boxes. These compartments will then be arranged in one larger parcel which will be sealed and marked for shipment. The larger parcel will thus hold an entire shipment of the product.
The applicable subheading for the Ocular Aid Device, when imported together with all parts required for use, will be 9305.20.8033, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Parts and accessories of articles of headings 9301 to 9304: of shotguns or rifles of heading 9303: other: other : other. 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/.
Your letter also requested a ruling on whether the proposed marking “Made in Romania” is an acceptable country of origin marking for the imported Ocular Aid Device. A marked sample was not submitted with your letter for review. You indicate that marking the actual product will be economically prohibitive. You state that the country of origin will be marked on the outside of the individual boxes which will be shipped to the purchaser. You state that: “Regardless of their provenance, all component parts and materials are obtained by our producer in Romania”. You also indicate that all components or parts “that require manufacturing” are completed in Romania. As these statements do not clearly indicate the country of manufacture or origin for marking purposes, we cannot provide a determination on marking and country or origin at this time. If you decide to resubmit your request please provide a complete list of each parts cost, country of manufacture, a list of which manufacturing processes are performed in which country and the sources of all materials.
Please note the following general information that may help you assess the information that you require:
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 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.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the product by viewing the container in which it is packaged, the individual product would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the products are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported product provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division