CLA-2-85:OT:RR:NC:N1:109
Mr. Jakarin Sirikulthorn
Create Master
1178/119 Paholyothin 32 Rd., Jatujak
Bangkok, Thailand 10900
RE: The tariff classification of the “Mighty Dwarf Vibro Speaker” from China
Dear Mr. Sirikulthorn:
In your letter dated October 1, 2009, you requested a tariff classification ruling. You also asked about country of origin marking and the application of a trade program or agreement.
The merchandise under consideration is referred to as the “Mighty Dwarf Vibro Speaker.” The “Mighty Dwarf Vibro Speaker” features a 2.5mm stereo jack and a 3.5mm DC 12V input jack. This speaker can be an audio source for a personal computer (PC), MP3, MP4, MD, CD, DVD player, and a mobile phone. The “Mighty Dwarf Vibro Speaker” can also deliver sound through the use of a table, a bench or any other data to the speaker membrane. The speaker produces a small vibration in the base which may function of a loudspeaker membrane. The sound waves spread in circles in any direction from the devise you are using.
The applicable subheading for the “Mighty Dwarf Vibro Speaker” will be 8518.29.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio frequency electric amplifiers; electric sound amplifier sets…: Loudspeakers, whether or not mounted in their enclosures: Other: Other." The rate of duty will be 4.9 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/.
With respect to the country of origin marking, when importing merchandise into the United States, 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.
Your letter is not clear as to the whether the country of origin of the “Mighty Dwarf Vibro Speaker” is Thailand or China. However, in accordance with the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), the origin of this foreign article (or its container) is to be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, with the English name of the country of origin of the article. Therefore, one of the following phrases would be acceptable for country of origin marking purposes “Made in….”, “Product of….” Produced in….”
Articles classifiable under subheading 8518.29.8000, HTSUS, which are products of Thailand, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
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 Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division