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NY A89763




December 6, 1996

CLA-2-84:RR:NC:1:102 A89763

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.30.2090, 8481.80.3055, 8481.80.3060, 8481.80.3070

Mr. William H. Sherman
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive (#202)
Buffalo, New York 14207

RE: The tariff classification of valves manufactured in Taiwan, imported from Canada.

Dear Mr. Sherman:

In your letter dated November 20,1996 you requested, on behalf of your client S.F. Equipment, Inc., a tariff classification ruling and advice on requirements for marking country of origin.

The items in question are ball valves, Models BV1150SS1SP and BV150SS2FP, a swing check valve, Model SC125SS1MS, a gate valve, Model GA125SS1MS, and a globe valve, Model GL125SS1MS. The valves are manufactured of stainless steel. Descriptive literature was submitted.

The swing check valve is a one-directional valve which is opened by fluid flow in one direction and which closes automatically when the flow stops or reverses direction. The closure element is a hinged clapper which swings about a supporting shaft. The ball, gate and globe valves are all hand operated.

The applicable subheading for the swing check valve, Model SC125SS1MS, will be 8481.30.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for check valves of steel. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the ball valves, Models BV1150SS1SP and BV150SS2FP, will be 8481.80.3070, HTS, which provides for valves as other appliances, hand operated, of steel, ball type. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the gate valve, Model GA125SS1MS, will be 8481.80.3055, HTS, which provides for valves as other appliances, hand operated, of steel, gate type. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the globe valve, Model GL125SS1MS, will be 8481.80.3060, HTS, which provides for valves as other appliances, hand operated, of steel, globe type. The rate of duty will be 7 percent ad valorem.

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.

The valves are a manufacture of Taiwan. Marking the valves "Taiwan" is an acceptable indication of the country of origin.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles, such as the valves, be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

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 Kenneth T. Brock at 212-466-5493.

Sincerely,

Roger J. Silvestri
Director

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