CLA-2-39:OT:RR:NC:N4:415
Mr. Steven Gille
Rockwall.Tech
539 West Commerce Street
Dallas, TX 75208
RE: The classification and marking of plastic conduit and conduit fittings from Saudi Arabia.
Dear Mr. Gille:
In your letter dated March 2, 2023, you requested a classification and marking ruling.
An image with a country of origin marking example was submitted in lieu of a sample.
The products under consideration are described as conduit and conduit fittings made from polyvinyl chloride (PVC) plastic. They are used in construction and are buried in the ground or encased in concrete. Their purpose is to provide a conduit through which electrical or low voltage cabling can be run. They are often used by utility companies to install underground cabling. The associated fittings provide elbows and bends, so the direction of the straight conduit can be changed.
You suggest classification for the PVC conduit in 3917.23.0000, Harmonized Tariff Schedule of the United States (HTSUS), and for the PVC conduit fittings in 3917.40.0000, HTSUS. We disagree. Chapter 39, Legal Note 8 states: “For the purposes of heading 3917, the expression ‘tubes, pipes and hoses’ means hollow products, whether semimanufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example, ribbed garden hose, perforated tubes).” As PVC conduit is used in construction to encase electrical or low voltage cabling, it does not meet the definition. Therefore, classification in 3917.23.0000 and 3917.40.0000, HTSUS, is precluded.
As the PVC conduit and conduit fittings would be considered articles of plastic, and as they are not more specifically provided for elsewhere, the applicable subheading will be 3926.90.9985, HTSUS, which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem.
In your request, you asked multiple marking questions. They are:
Can I mark the PVC conduit as “Made in KSA”?
The fittings are much smaller and don’t have a lot of space on which to write “Made in Saudi Arabia.” Can I mark the PVC fittings as “Made in KSA”?
If the PVC fittings are sold in a retail box, can the box state, “Made in KSA” and the actual PVC fitting have no “Made in” markings?
The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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 19 CFR 134.41(b), the country-of-origin marking is considered conspicuous if the ultimate purchaser in the U.S. can find the marking easily and read it without strain.
Regarding the permanency of a marking, 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, 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.
We note that the submitted image shows a conduit correctly marked, “Made in Saudi Arabia.”
To answer your first question, no, “Made in KSA” is not an acceptable marking to indicate they are products of the Kingdom of Saudi Arabia. They must be marked “Made in Saudi Arabia,” and this office points you to 19 CFR 134.45(a)(1),
Except as otherwise provided in paragraph (a)(2) of this section, the markings required by this part shall include the full English name of the country of origin, unless another marking to indicate the English name of the country of origin is specifically authorized by the Commissioner of Customs. Notice of acceptable markings other than the full English name of the country of origin shall be published in the FEDERAL REGISTER and the Customs Bulletin.
As “Made in KSA” is not appropriate as indicated above, the answer to your second question would also be no.
This leads to the third question. If the fittings are incapable of being marked, they are excepted from the marking requirements, see 19 CFR 134.32(a). Though, if imported already prepackaged in a retail box, the outermost container in which the article ordinarily reaches the ultimate purchaser is required to be marked “Made in Saudi Arabia.”
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division