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NY B85555




June 12, 1997

CLA-2-85:RR:NC:1: 112 B85555

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.39.0080; 8536.90.0090

Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, OH 43221-0877

RE: The tariff classification of an electric fence line tester and an electric "gate handle/switch" from Hong Kong

Dear Mr. Reider:

In your letter dated May 5, 1997, on behalf of TOMCO Engineering, Limited, you requested a tariff classification ruling.

As indicated by the submitted samples and literature, the electric fence line tester is a device consisting of a ground probe connected to a plastic handle containing an LED indicator lamp. In operation, the tester is hooked to the wires of an electrified fence and the probe is inserted into the ground. The LED will provide an indication as to whether the fence is electrified at that point.

The electric "gate handle/switch" is a device which is used to break the electric charge in a particular section of electrified fence. It consists of either a plastic or molded rubber housing containing a conductive metal plate which runs throughout its length. This plate protrudes at each end, with one end containing an opening to which the fence wire is attached, and the other end being in the shape of a hook. The hook allows the "gate handle/switch" to be easily disconnected from the rest of the fence, thereby breaking the electric field when needed.

The applicable subheading for the electric fence line tester will be 9030.39.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus, for measuring or checking voltage, current, resistance, or power, without a recording device: other than multimeters. The rate of duty will be 3 percent ad valorem. The applicable subheading for the electric "gate/handle switch" will be 8536.90.0090, HTS, which provides for other apparatus for making connection to or in electrical circuits. The rate of duty will be 3.7 percent ad valorem.

In your request, you also inquire as to the country of origin marking requirements for this merchandise. Section 134.11, Customs Regulations, states that 19 U.S.C. 1304 requires that every article of foreign origin imported into the United States be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin. In addition, any retail packaging must also indicate such country of origin. Accordingly, a marking such as "Made in China" is required for both the article and the packaging.

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 David Curran at 212-466-5680.

Sincerely,

Robert Swierupski
Chief, Metals and Machinery Branch

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