CLA-2-90:S:N:N1:104 866007
Mr. Peter Gima
52 Gloria Blvd.
Hauppauge, NY 11788
RE: The tariff classification and country of origin marking of a
blood alcohol meter from Taiwan.
Dear Mr. Gima:
In your letter dated August 8, 1991, you requested a tariff
classification ruling.
The blood alcohol meter is used to measure a person's blood
alcohol level. The user exhales into the nozzle on top of the
meter. The VU meter and LED display show the results. The LED
glows red for failure, yellow for warning and green for
acceptable. The unit is powered by five AA batteries or a 12
volt adapter which plugs into an automobile's cigarette lighter
receptacle. The 150mm x 30 mm x 60 mm meter weighs 138 grams.
The applicable subheading for the blood alcohol meter will
be 9027.80.4090, Harmonized Tariff Schedule of the United States
(HTS), which provides for other electrical instruments and
apparatus for analysis. The rate of duty will be 4.9% ad
valorem.
In your letter, you also requested a ruling on the country
of origin marking requirements on the blood alcohol meter
packaged in an unsealed, retail box. There is no plastic
encasing the box nor is the box shrink-wrapped. Each unit is
packaged in its own individual box for resale to the general
public. Neither the meter nor the box bears any name or address
of an importer, distributor or other person or company in the
United States.
With respect to proper country of origin marking, Section
304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304),
requires that every article of foreign origin, with certain
exceptions, imported into the U.S. shall be marked in a legible,
permanent and conspicuous manner so as to indicate the English
name of the country of origin to the ultimate purchaser. Unless
otherwise required (i.e. articles which are the subject of a
ruling by the Commissioner of Customs or those articles
classifiable in an item number specified in Section 134.43 of the
Customs Regulations) to be marked by die-stamping, etching, cast-
in-the-mold lettering, engraving or by means of metal plates
which bear the prescribed marking and which are securely attached
to the article in a conspicuous place by welding, screws or
rivets, items are required to be marked as indelibly and
permanently as possible. A pressurized sensitive gummed label or
paper label is allowed provided the letters are legible. The
label must be able to survive normal distribution, display or
storage handling. Unless deliberately removed, it must remain on
the article until it reaches the ultimate purchaser. If the
label is ink-stamped, all letters must be clear, distinct and
easily readable. Ink must not be smeared.
As provided in Section 134.41, Customs Regulations (19 CFR
134.41), the country of origin marking is considered to be
conspicuous if the ultimate purchaser in the U.S. is able to find
the marking easily and read it without strain. A marking should
be placed in a location where the ultimate purchaser would be
expected to look.
With respect to proper country of origin marking of the
cardboard box, Section 134.24(d)(3), Customs Regulations, states
that "unsealed disposable containers of imported merchandise
normally unopened by the ultimate purchaser, may be excepted from
marking if the article is so marked that the country of origin is
clearly visible without unpacking the container. However, if the
container is normally opened by the ultimate purchaser prior to
purchase, only the article need be marked".
Since the imported blood alcohol meter is not excepted from
marking and as there is no clear indication that the box is
normally opened by the ultimate purchaser prior to purchase or
that the country of origin marking is clearly visible without
unpacking the box,, both the meter and the box must be properly
marked with the country of origin. Articles manufactured or
produced in Taiwan may be marked to indicate the country of
origin by use of the name "Made in Taiwan", "Made in Taiwan,
Republic of China" or "Made in Taiwan, R.O.C.".
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport