The tariff classification and country of origin marking requirements of an ear tag applicator and an applicator pin from China.

NY G87936 March 28, 2001 CLA-2-82:RR:NC:1:118 G87396 CATEGORY: Classification TARIFF NO.: 8205.59.5560 Mr. Brent Reider International Trade Group, Inc. Postal Drawer 21877 Columbus, OH 43221-0877 RE: The tariff classification and country of origin marking requirements of an ear tag applicator and an applicator pin from China. Dear Mr. Reider: In your letter dated February 26, 2001, on behalf of TOMCO Engineering, Limited, you requested a tariff classification and country of origin marking ruling. You have described your products as an ear tag applicator (P/N: 312-735) and an applicator pin (P/N: 312-738). The ear tag applicator is a device for attaching identification tags to the ears of cattle. It is made of fiberglass, with aluminum parts and a stainless steel working edge. The applicator pin that is made of stainless steel is part of the ear tag applicator. They will be imported together. The applicable subheading for the ear tag applicator and the pin will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: other: of iron or steel: other: other (including parts). The duty rate will be 5.3% ad valorem. You have also requested a ruling on whether or not the proposed method of marking the container in which the items are imported with the country of origin in lieu of marking the articles themselves is an acceptable country of origin marking. Marked samples were not submitted with your letter for review. The intended country of origin marking on the ear tag applicator will NOT be indicated on the item itself. Instead, you propose that the individual packaging will indicate the individual units are made in “China.” In a similar fashion, the applicator pin also will NOT be marked and the individual packaging will be marked made in “China." These markings will be located in the immediate proximity to the Knoxville, Tennessee headquarters’ address of Fi-Shock Inc. The marking statute, section 304 of the 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 United States (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 ear tag applicator and applicator pin 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. 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 ear tag applicator and applicator pin by viewing the container in which it is packaged, the individual items would be excepted from marking under this provision. The ear tag applicators and applicator pins which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the items 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 products provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this 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 Kathy Campanelli at 212-637-7025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division