CLA-2-85:OT:RR:NC:N1:112
Laetitia Auzone
Eyenimal Inc
World Financial District
60 Broad Street Suite 3502
New York, NY 10004
RE: The tariff classification and country of origin marking of the Deluxe Ground and Fence from France
Dear Ms. Auzone:
In your letter dated June 17, 2015, you requested a tariff classification and country of origin marking ruling for imported dog collar and fence kits. A marked sample or a proposed marking example was not submitted with your letter for review.
The merchandise in question is referred to as the Deluxe Ground and Fence. This product consists of a dog collar with an attached plastic stimulator case, a transmitter, a connection kit, ten warning flags, and an antenna wire, which is all imported together. The stimulator case is approximately 6 cm length by 4 cm width and houses reception and electrical components, a 3V lithium battery, and two metal prongs that extend to make contact with the pet’s neck. The collar’s adjustable nylon strap measures from 20 cm to 67 cm in length. The collar stimulator provides audible and physical stimulation to the pet based on its proximity to the antenna. You state there are eight adjustable levels of stimulation.
The transmitter is a compact unit with an LCD display which is approximately 13 cm in length by 8 cm in width. The transmitter is attached to the antenna wire that is extended around the perimeter of the protected area to create a “correction zone”. The connection kit, which contains three antenna wire connectors and one transmitter wire connector, is used to attach the antenna wire to the transmitter base. In use, as a dog wearing the collar enters the protected area, it is given an audible warning. If it continues to move forward towards the perimeter wire, it receives a corrective stimulation. The wire may be placed on or under the ground and is capable of providing a radio antenna perimeter for an area of up to 4 acres.
The applicable subheading for the Deluxe Ground and Fence will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6%.
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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
Section 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Your request did not provide a sample of the Deluxe Ground and Fence kit, as it will be imported, therefore we are unable to verify the applicability of the intended marking on the item.
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 Karl Moosbrugger at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division