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NY 888642




August 23, 1993

CLA-2-82:S:N:N3:119 888642

CATEGORY: CLASSIFICATION

TARIFF NO.: 8212.10.0000

Mr. Patrick Barrett
Arizona Customs Brokers
P.O. Box 20082
Phoenix, AZ 85036

RE: The tariff classification of a razor/shaving cream dispenser from Taiwan

Dear Mr. Barrett:

In your letter dated July 20, 1993, you requested a tariff classification ruling on behalf of Caspian Trading Company, Inc., Tempe, AZ.

The sample you submitted is a combination safety razor and shaving cream dispenser. In its closed position the article has the appearance of a large fountain pen with a pocket clip. It is 6 inches long with a diameter of approximately 5/8 of an inch. It consists of a 2 1/2 inch long cap and a twin-blade safety razor cartridge mounted atop of a cylindrical pressurized shaving cream dispenser which also serves as the handle of the razor. There is a push button at the top of the cylinder to release the shaving cream through a small orifice which is at the back of the cylinder. The replaceable twin-blade cartridge can be rotated to a horizontal position for use and to a vertical position for storage.

The razor/shaving cream dispenser is a composite article whose essential character is imparted by the safety razor. Therefore based on General Rules of Interpretation 3(b) of the Harmonized Tariff Schedule of the United States, the complete article will be classified under the tariff number for the razor.

The applicable subheading for the razor/shaving cream dispenser will be 8212.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for razors. The rate of duty will be 0.4 cent each plus 1 percent ad valorem.

Regarding the marking of the merchandise, the regulations require that 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 container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article.

Also, Section 134.43 of the Customs Regulations requires that certain articles, including safety razors and blades for safety razors, be marked legibly and conspicuously by die stamping, cast- in-the-mold lettering, etching, engraving, or by means of metal plates. Since the article is going to be sold only as a unit, it would not be necessary to mark it in two places as long as the marking complies with the legal requirements.

In addition you have indicated that the merchandise will be repacked for retail after importation. In that case the importer will have to certify to Customs at time of entry that the country of origin marking will not be obscured or concealed by the new packaging. It would be advisable to consult the Import Specialist at the port where the merchandise will be imported.

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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