The tariff classification and country of origin marking of biomass fuel logs from India

N186160 October 11, 2011 CLA-2-14:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1404.90.9090 Ms. Linda McMillan Buxman Kwitek & Ohlsen, P.C. 601 N. Main Street Suite 200 Pueblo, CO 81003 RE: The tariff classification and country of origin marking of biomass fuel logs from India Dear Ms. McMillan: In your letter dated September 23, 2011, on behalf of Mukul Patel, Audobon, PA, you requested a tariff classification ruling. Product literature, a photograph and process flow chart accompanied your letter. Biomass fuel logs are made from agricultural waste (corn stalks, leaves, stems, peanut shells, etc.) from western India. The waste could be obtained from rice crops, wheat crops, corn crops or sugar crops. The products are produced by mixing materials, drying and pressing to form cylindrical logs in India. The logs will be imported to the United States and utilized as fuel. The applicable subheading for the biomass fuel logs will be 1404.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable products not elsewhere specified or included … other … other … other. The duty rate will be free. 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/. The importation of this merchandise may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS) and/or the U.S. Food and Drug Administration. It is suggested you contact these agencies directly for further information. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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. Applying the Marking Rules set forth in section 304 of the Tariff Act of 1930, as amended and section 134 of the Customs Regulations, we find that the biomass fuel logs are products of India for marking purposes. You have also asked whether the subject product qualifies for any free trade agreements or preferential trade programs. Products classified in subheading 1404.90.9090, HTSUS, which are subject to an unconditional free rate of duty, are not entitled to any special tariff treatment. 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 the National Import Specialist at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division