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NY 866007





September 9, 1991

CLA-2-90:S:N:N1:104 866007

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9027.80.4090

Mr. Peter Gima
52 Gloria Blvd.
Hauppauge, NY 11788

RE: The tariff classification and country of origin marking of a blood alcohol meter from Taiwan.

Dear Mr. Gima:

In your letter dated August 8, 1991, you requested a tariff classification ruling.

The blood alcohol meter is used to measure a person's blood alcohol level. The user exhales into the nozzle on top of the meter. The VU meter and LED display show the results. The LED glows red for failure, yellow for warning and green for acceptable. The unit is powered by five AA batteries or a 12 volt adapter which plugs into an automobile's cigarette lighter receptacle. The 150mm x 30 mm x 60 mm meter weighs 138 grams.

The applicable subheading for the blood alcohol meter will be 9027.80.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical instruments and apparatus for analysis. The rate of duty will be 4.9% ad valorem.

In your letter, you also requested a ruling on the country of origin marking requirements on the blood alcohol meter packaged in an unsealed, retail box. There is no plastic encasing the box nor is the box shrink-wrapped. Each unit is packaged in its own individual box for resale to the general public. Neither the meter nor the box bears any name or address of an importer, distributor or other person or company in the United States.

With respect to proper country of origin marking, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin, with certain exceptions, imported into the U.S. shall be marked in a legible, permanent and conspicuous manner so as to indicate the English name of the country of origin to the ultimate purchaser. Unless otherwise required (i.e. articles which are the subject of a ruling by the Commissioner of Customs or those articles classifiable in an item number specified in Section 134.43 of the Customs Regulations) to be marked by die-stamping, etching, cast- in-the-mold lettering, engraving or by means of metal plates which bear the prescribed marking and which are securely attached to the article in a conspicuous place by welding, screws or rivets, items are required to be marked as indelibly and permanently as possible. A pressurized sensitive gummed label or paper label is allowed provided the letters are legible. The label must be able to survive normal distribution, display or storage handling. Unless deliberately removed, it must remain on the article until it reaches the ultimate purchaser. If the label is ink-stamped, all letters must be clear, distinct and easily readable. Ink must not be smeared.

As provided in Section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. A marking should be placed in a location where the ultimate purchaser would be expected to look.

With respect to proper country of origin marking of the cardboard box, Section 134.24(d)(3), Customs Regulations, states that "unsealed disposable containers of imported merchandise normally unopened by the ultimate purchaser, may be excepted from marking if the article is so marked that the country of origin is clearly visible without unpacking the container. However, if the container is normally opened by the ultimate purchaser prior to purchase, only the article need be marked".

Since the imported blood alcohol meter is not excepted from marking and as there is no clear indication that the box is normally opened by the ultimate purchaser prior to purchase or that the country of origin marking is clearly visible without unpacking the box,, both the meter and the box must be properly marked with the country of origin. Articles manufactured or produced in Taiwan may be marked to indicate the country of origin by use of the name "Made in Taiwan", "Made in Taiwan, Republic of China" or "Made in Taiwan, R.O.C.".

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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