The tariff classification and country of origin marking of the “Hose-tidy” from Great Britain

N225356 July 31, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification; Marking TARIFF NO.: 3926.90.9980 Mr. William E. Cooke Line-Safety, LLC 1990 Main Street, Suite 750 Sarasota, FL 34236 RE: The tariff classification and country of origin marking of the “Hose-tidy” from Great Britain Dear Mr. Cooke: This is in response to your letter dated July 10, 2012, requesting a tariff classification and marking ruling on a Hose tidy that will be repacked after importation into the United States. A marked sample was not submitted with your letter for review. The Hose-tidy is a device used to hold and secure a propane hose to a fixed location when it is not connected to a propane cylinder. It may be used to connect the hose to areas such as a wall, the inside surface of a boat, the side of a grill or the stowage compartment of a recreational vehicle. The Hose-tidy is composed of polypropylene plastic. It will be permanently attached to the surface by screws. The screws are not part of the importation. The applicable subheading for the Hose-tidy 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. You are also requesting a marking ruling. The Hose tidy devices will be imported in bulk and then repackaged after importation. The retail package will include a cap and three screws. You propose two methods of marking the Hose-tidy after importation into the United States. The product will be sold in a blister pack that is backed with a printed card. You request permission to sign a declaration that the card will clearly indicate the country of origin. In the alternative, you request permission to mark “GB” or “UK” on one of the inside faces of the product. You state that this area affords a surface for marking which can be clearly and easily viewed through the packaging. 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 Hose-tidy is the consumer who purchases the product in its retail packaging. 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. However, since the Hose-tidy is not imported in its 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 at 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. In this case, assuming that the port director is satisfied that the imported Hose-tidy 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 imported Hose-tidy will not be required. In the alternative, you request permission to mark the Hose tidy itself with the abbreviation “UK” or “GB”. Section 134.45(b), Customs Regulations (19 CFR 134.45(b)), provides that abbreviations of country names “which unmistakably indicate the name of a country ... are acceptable. Variant spellings which clearly indicate the English name of the country of origin such as “Brasil” for “Brazil” and “Italie” for “Italy,” are acceptable.” The abbreviation “GB” does not unmistakably indicate the name of the country and marking the Hose tidy with the initials “GB” would not be acceptable marking. Customs has held that the abbreviation “U.K.” for United Kingdom is acceptable. See Headquarters Ruling Letter 735379, dated June 15, 1994, and T.D. 74-103(1), dated April 17, 1974. Therefore, using the abbreviation “U.K.” to mark the Hose tidy devices is acceptable, as long as the marking is easily viewed through the packaging. Without a sample, this office cannot rule on whether your proposed marking will be considered to be conspicuous. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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, Thomas J. Russo Director National Commodity Specialist Division