The tariff classification of plastic oil pitchers from China.

N080737 November 3, 2009 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980 Mr. Paul Davini TDR Packaging, Inc. 1860 Osprey Bluff Blvd. Orange Park, FL 32003 RE: The tariff classification of plastic oil pitchers from China. Dear Mr. Davini: In your letter dated October 12, 2009, you requested a tariff classification ruling. The two samples provided with your letter are small pitchers composed of transparent polypropylene plastic designed to hold and store motor oil. You indicated in a telephone conversation that the pitchers are sold empty to the final consumers, e.g., garage mechanics, and that they are not used to package, sell or market oil. The pitchers incorporate a flexible pouring spout and have a snap-on top sealing cap. They are available in sizes from 250 milliliters to 1.5 liters. The applicable subheading for the plastic oil pitchers will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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/. You inquired about any required country of origin marking. 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 imported oil pitcher is the consumer who purchases the pitcher at retail. 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. The samples submitted with your request are not marked with the country of origin and you have described the proposed country of origin marking as printing “Made in China” on the corrugated shipping containers. Marking on the packaging boxes does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, since there is no indication that the pitchers will be sold to the ultimate consumers in the sealed export carton. Each pitcher must be marked to indicate “China,” “Made in China,” or words to similar effect. Acceptable methods of marking include a printed adhesive sticker, as long as it is securely affixed to the pitcher, or the word “China” molded into the bottle at the time of manufacture, as long as the molded letters are as conspicuous as the current capacity markings. 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division