The tariff classification of a lighted safety ring for dogs from Germany.

N052096 February 19, 2009 CLA-2-42:RR:NC:TA:348 CATEGORY: Classification TARIFF NO.: 4201.00.6000 Peter J Taylor One 14th Street Apt PH-8 Hoboken, NJ 07030 RE: The tariff classification of a lighted safety ring for dogs from Germany. Dear Mr. Taylor: In your letter dated February 10, 2009, you requested a tariff classification ruling. You provided a sample and illustrative material of a lighted safety ring manufactured in Germany. The lighted safety ring for dogs is constructed of synthetic mesh tubing. The mesh tubing includes sensors to activate a light-emitting diode (LED) and two batteries. The applicable subheading for this merchandise will be 4201.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material, other. The rate of duty will be 2.8 percent. 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/. It should also be noted that there is no country of origin marking on the sample that you have submitted. Your letter addressed to U.S. Customs and Border Protection states that the country of origin is Germany. You should be aware that all goods imported to the United States are subject to country of origin marking unless specifically exempted. 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. An article may be 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. You state in your letter, the lighted safety rings will be imported from Germany. Once the product enters the U.S., you will repack the rings to include the instructions and marketing materials. The product will then be distributed to various pet stores in the U.S. Since the light safety rings are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the port director to decide. 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. If the port director is satisfied that the imported lighted safety rings 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 product at time of entry will not be required. 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 Rosemarie Hayward at 646-733-3064. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division