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NY 818796




February 14, 1996

CLA-2-40:RR:NC:TP:221 818796

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 4016.99.6050

Mr. Dennis Heck
Tower Group International
2400 Marine Avenue
Redondo Beach, CA 90278-1103

RE: The tariff classification and country of origin marking of rubber adjustment risers from Canada.

Dear Mr. Heck:

In your letter dated January 29, 1996, on behalf of National Rubber Company, Inc., you requested a tariff classification ruling.

A sample was submitted with your ruling request. Each adjustment riser consists of four interlocking pieces to encircle sewer/manhole structures in highway construction. The adjustment risers are composed primarily of tire regrind and styrene butadiene rubber.

The applicable subheading for the adjustment risers will be 4016.99.6050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber...other. The general rate of duty will be 4.2 percent ad valorem.

You also requested a ruling as to whether these products must be individually marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, all articles of foreign origin imported into the United States must be legibly and conspicuously marked to indicate the country of origin to an ultimate purchaser in this country.

The adjustment risers will be sold and marketed in sets of four pieces. They will also be sold to cities, municipalities and road construction companies who will purchase these sets in lots of 10, 50, 100 or more. In such instances, the company, city or municipality is the ultimate purchaser.

You propose to mark the package of four with the country of origin, rather than individually mark each of the four pieces. When sold in lots, you propose to mark the cartons, pallets or crates with the country of origin. Individual marking of the interlocking pieces may be waived if the Customs officers at the port of entry are satisfied that the pieces will reach the ultimate purchaser in sealed shipping containers which are legibly and conspicuously marked to indicate the country of origin.

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

A copy of this 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 this ruling, contact National Import Specialist Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director

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