The tariff classification and marking of water filter pitcher counting mechanisms from China

NY G87490 March 13, 2001 CLA-2-90:RR:NC:MM:105 G87490 CATEGORY: Classification; Marking TARIFF NO.: 9029.10.8000 Ms. Lynn King International Transportation Manager Tupperware U.S., Inc. P.O. Box 2353 Orlando, FL 32802-2353 RE: The tariff classification and marking of water filter pitcher counting mechanisms from China Dear Ms. King: In your letter dated February 23, 2001, you requested a tariff classification ruling. You also requested a ruling on the marking. No sample was submitted, but from the information that you submitted, the imported mechanism will be assembled from 8 molded plastic pieces and two tension springs. In use it will be attached to the filter mechanism and then to the lid of the pitcher. The import’s function is to “accurately count the number of times the hopper has been filled for the timing of periodic filter replacement.” The Tupperware Product description states: “The mechanism is activated by the compression of the Push Button against a flat surface located on a Tupperware plastic seal. The Push Button advances the interior assembly to move the gear one ‘click’. Depending on the filter setting, the mechanism will rotate until the reset point is encountered. This movement is observed by viewing the color change of green to yellow to red indicated through the ‘window’ area of the Cover. The Hub is rotated a predetermined distance to reset the Gear into the starting position.” While it is clear that the import is specifically made to be a part integrated into the Tupperware filter pitchers and is of no use otherwise, it is also, in itself, a counting mechanism. In accordance with Notes 1-m and 2 to HTS Section 16, it is the latter that controls its classification. You ask, regarding the complete filter pitcher incorporating the Chinese counting mechanism, “Will the pitcher then be considered an entirely U.S.A. made item?” No, it will not. However, the imported counting mechanisms are substantially transformed into filtering pitchers as a result of the U.S. processing and lose their separate identity. Therefore, the U.S. manufacturer would be the ultimate purchaser of the imported counters. Under 19 C.F.R. §134.35 then, only the bulk containers which reach the U.S. manufacturer are required to be marked with the country of origin “China”. There is therefore no requirement that the finished filtering pitchers or their packing have any reference to the origin of the counters made in China. The second situation presented in your inquiry involves counters sold directly to consumers as replacement parts. Here the ultimate purchasers would be the consumers buying the counters. Therefore, individual marking will be required for them. You state that the customers “will receive it in the ‘Made in China’ polybag”. An article is excepted from marking under 19 U.S.C. §1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 C.F.R. §134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, 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 counter by viewing the container in which it is packaged, the individual counters themselves would be excepted from marking under this provision. The applicable subheading for this item will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for revolution counters, production counters, odometers, pedometers, and the like. The general rate of duty will be free. 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 James Sheridan at 212-637-7037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division