CLA-2-95:OT:RR:NC:N4:424
Mr. Robert Frazier
Distance Clips, Inc.
18462 W. Western Star Blvd.
Goodyear, AZ 85338
RE: The tariff classification of golf training aid from China
Dear Mr. Frazier:
In your letter dated August 26, 2013, you requested a tariff classification ruling.
A photograph and description of an item identified as “Distance Clips” were received with your inquiry. The Distance Clips are nylon clips printed with numbers in 10 yard increments from 50 to 200 which fit securely on a golf club at the end of the shaft near the hosel. These clips will be used as a golf training aid, as they will serve as a reminder of the “optimal yardage” one hit the ball with that specific club. It will help improve and refine a golfer’s swing as one learns how hard to hit the ball with a specific club. The Distance Clips may be moved from club to club to reflect a player’s changing game and are visible when placed in a golf bag. The Distance Clips are sold 16 per package and come inside a clear plastic storage bag with a slide closure. The item is blister packed for retail sale. You also stated that a certain amount of product will be imported in just the clear plastic storage bag without the blister pack as a giveaway to students.
The applicable subheading for the “Distance Clips” will be will be 9506.39.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Articles and equipment for general physical exercise…athletics, other sports…parts and accessories thereof: Golf clubs and other golf equipment; parts and accessories thereof: Other." The rate of duty will be 4.9% 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/.
As displayed in the photograph, the packaging for the Distance Clips is not marked with the country of origin. Therefore, if imported as is, the Distance Clips will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the item would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "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 container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article." Even when given to a customer free of charge, the item is still subject to the same marking requirements. Please ensure that these requirements are satisfied.
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 James Forkan at (646) 733-3025.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division