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NY A84165




Jun 28 1996

CLA-2-40:RR:NC:FC:240 A84165

CATEGORY: CLASSIFICATION

TARIFF NO.: 4003.00.0000

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

RE: The tariff classification of Safe-T-Guard Roof Walkway Pads from Canada

Dear Mr. Heck:

In your letter dated May 24, 1996 1996 you requested a tariff classification ruling on behalf of your client National Rubber Company, Inc.

Safe-T-Guard Roof Walkaway Pads are produced from reclaimed rubber of used tires, post industrial waste rubber (SBR), curing agents and surface modified rubber crumb. The components are mixed and calendered into sheets. The mats are compression molded to form an anti-slip button pattern. The dimensions of each pad are 30" X 30" X 5/16". The pads are designed primarily for outdoor use to protect roofing surfaces from abrasions and punctures. The Roof Walkway Pads are sold in fifty piece lots. The pads will also be imported in the above dimensions with the flashing attached. The pads will be trimmed in the U.S.

The applicable subheading for the Safe-T-Guard Roof Walkway Pads will be 4003.00.000, Harmonized Tariff Schedule of the United States (HTS), which provides for reclaimed rubber in primary forms or in plates, sheets or strip. The product is duty free.

You are also requesting a ruling on whether the proposed method of marking the container in which the Safe-T-Guard Walkway Pads sare imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported Safe-T-Guard Walkway Pads. A marked sample container was not submitted with your letter for review.

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 Safe-T-Guard Walkway Pads is the consumer who purchases the product at retail.

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. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the Safe-T-Guard Walkway Pads by viewing the container in which it is packaged, the individual Safe-T-Guard Walkway Pads would be excepted from marking under this provision.

Safe-T-Guard Walkway Pads which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the Safe-T-Guard Walkway Pads are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported Safe-T-Guard Walkway Pads provided the district director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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 National Import Specialist Stephanie Joseph at 212-466-5768.

Sincerely,

Roger J. Silvestri
Director

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