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NY A89764




December 6, 1996

CLA-2-84:RR:NC:1:102 A89764

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.1060, 8481.80.1085

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 a bronze ball valve, Model BV125BZ2SP, a bronze air safety exhaust ball valve, Model BE125BZ2SP, a brass ball valve, Model BV125BR2FP, and a bronze gate valve, Model GA150BZ1MS. The descriptive literature received reveals that all of the valves are hand operated and have pressure ratings of 125 pounds per square inch (psi) or greater.

The applicable subheading for the ball valves, Models BV125BZ2SP, BE125BZ2SP and BV125BR2FP, will be 8481.80.1085, Harmonized Tariff Schedule of the United States (HTS), which provides for valves as other appliances, hand operated, of copper, having a pressure rating of 850 kPa (123.5 psi) or over, ball type. The rate of duty will be 5 percent ad valorem.

The applicable subheading for the gate valve, Model GA150BZ1MS, will be 8481.80.1060, HTS, which provides for valves as other appliances, hand operated, of copper, having a pressure rating of 850 kPa (123.5 psi) or over, gate type. The rate of duty will be 5 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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