CLA-2-85:OT:RR:NC:N4:110
Mr. Kristof Retezar
Fontus Water Technology GmbH
Aspangstrasse 53/9
Viena 1030
Austria
RE: The tariff classification, country of origin/marking and trade program of a Fontus Bottle from Germany or Austria
Dear Mr. Retezar:
In your letter dated July 4, 2017, you requested a tariff classification, country of origin for marking purposes and trade program ruling.
The merchandise under consideration is identified as the Fontus Bottle, a self-filling water bottle. The Fontus is an electromechanical machine/device with a self-contained electric motor. This device captures the moisture contained in the air, condenses it and stores it as liquid water. A small fan draws the air from the surrounding environment and presses it into a condensation chamber. A series of small coolers bring the moisture contained in the air to condense. The resultant liquid water then drops into the bottle´s main body and stored. It can be powered by solar panels or other energy sources. The Fontus is made of food safe plastic, aluminum and copper materials. The Fontus measures approximately 22 centimeters by 10 centimeters by 10 centimeters. It weighs approximately 1.5 kilograms. The device is comprised of electrical components, a fan, a condenser, a bottle and a cap.
The applicable subheading for the Fontus Bottle will be 8509.80.5095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508…other appliances, other, other. The rate of duty will be 4.2 percent 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 https://hts.usitc.gov/current.
You have also requested information about proper country of origin marking. A marked sample was not provided for our review; however, your letter indicates that the country of origin of the Fontus Bottle is Germany or Austria, to be decided. The general marking requirements as follows:
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.
As for your inquiry regarding the applicability of any trade programs or agreements, the United States does not have any such programs or agreements with Germany or Austria at this time.
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 Hope Abada at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division