CLA-2-84:OT:RR:E:NC:1:102
Mr. Eric B. Goldstein
G Spot Worldwide Enterprises
P.O. Box 772301
Coral Springs, FL 33077
RE: The tariff classification and marking requirements of penis pumps from China
Dear Mr. Goldstein:
In your letter dated July 31, 2008 you requested a tariff classification ruling. Descriptive literature and illustrations were submitted.
The products you plan to import are penis pumps, item numbers W02-100 and W06-100. These pumps measure between 6 to 8 inches in length and are comprised of a cylinder made of plastic and a pump, attaching hose and flange made of rubber. The pumps create a vacuum effect that draws blood into the penis.
The applicable subheading for the penis pumps will be 8414.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum pumps. The rate of duty will be 2.5 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 http://www.usitc.gov/tata/hts/.
In addition, you inquire as to the country of origin marking requirements for these pumps. You indicate the pumps will be packaged loose in bulk or individually in blister packs. The pumps imported in bulk will be repackaged in the U.S. and then sold. The blister packed pumps will be sold in their condition as imported. A marked sample container was not submitted with your letter for review.
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 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the pumps is the consumer who purchases the product at retail.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. However, the pumps that will be repackaged are not imported in their marked retail container. It is for the port director to decide whether the subject articles are excepted from individual marking under 19 CFR 134.32(d). In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer’s expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.
In this case, assuming that the port director is satisfied that the imported pumps will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the port director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported pumps will not be required.
You also state the pumps will be imported in blister packs. If Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the pump by viewing the container in which it is packaged, the individual pump would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the blister packaging in which the pumps are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported pumps provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
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 Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division