The tariff classification and marking of a corkscrew from Italy.

N085606 December 3, 2009 CLA-2-82:OT:RR:NC:1:118 CATEGORY: Classification and Marking TARIFF NO.: 8205.51.3030 Mr. Walter Halucha Latama 166 Fairview Avenue Montauk, NY 11954 RE: The tariff classification and marking of a corkscrew from Italy. Dear Mr. Halucha: In your letter dated November 23, 2009, you requested a tariff classification and marking ruling. The instant merchandise is described as a QUICKCLICK® Automatic Corkscrew that is used to remove a cork from a bottle of wine. You have stated that the body of the corkscrew is made of hard plastic and the entire item weighs 1.5 oz. The spiral and lever are made of stainless steel. Located on one side of the corkscrew is a button that, when depressed, opens the spiral and lever. The corkscrew also has a mechanism that incorporates two sharp points which cut the foil off the top of a bottle of wine. The applicable subheading for the QUICKCLICK® Automatic Corkscrew will be 8205.51.3030, Harmonized Tariff Schedule of the United States (HTSUS), 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: household tools, and parts thereof: of iron or steel: other (including parts): kitchen and table implements. The rate of duty will be 3.7% ad valorem. Your product, imported from Italy, does not qualify for any of the Free Trade Agreements or Preferential Trade Programs. 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/. In addition to a classification and Trade Program ruling, you requested information regarding marking of your imported corkscrew. You have stated that the final packaging for the product has not been developed. Accordingly, a marked sample of the corkscrew and packaging was not submitted with your letter for review. 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. 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 Kathy Campanelli at (646) 733-3021. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division