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NY B87977




August 19, 1997

CLA-2-39:RR:NC:SP:221 B87977

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 3926.90.9880; 4911.99.8000

Mr. William P. Hayden
ReMAPP International Corp.
50 Glenbrook Road, Suite 1-E
Stamford, CT 06902-2949

RE: The tariff classification and country of origin marking requirements for plastic cable marker ties from Taiwan.

Dear Mr. Hayden:

In your letter dated July 22, 1997, you requested a tariff classification ruling.

Samples of 5 cable marker ties, all molded from plastics materials, were submitted. The articles are used for the marking of electrical and telecommunications cables. The small blue sample is die stamped with an identifying number. The small green sample is die stamped with instructions. Die stamping is considered a printing process. The small black sample incorporates a single raised digit which has been formed by molding. The raised surface is painted with a contrasting color to enhance its visibility. This formation of a number by means of molding is not a printing process. The small orange sample has been painted with an epoxy material to form a "write-on" surface. The large green sample is blank.

Legal note 2 to Section VII of the Harmonized Tariff Schedule provides that "Except for the goods of heading 3918 or 3919, plastics, rubber and articles thereof, printed with motifs, characters or pictorial representations, which are not merely incidental to the primary use of the goods, fall in chapter 49." The identifying number and instructions printed on the small blue and small green samples are not merely incidental to the primary use of the goods.

The applicable subheading for cable marker ties which have been die stamped or otherwise printed with identifying code numbers and instructions will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) printed matter. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for cable marker ties which are blank, or which have a write-on surface, or in which the identifying marks have been molded in rather than printed on, will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

You also inquire about whether marking the container in which the cable marker ties are imported with the country of origin in lieu of marking the individual articles is an acceptable country of origin marking. 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 cable ties is the consumer who will use the ties for the marking of electrical and telecommunications cables.

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. If Customs is satisfied that the cable ties will remain in their containers until they reach the ultimate purchaser, and if the ultimate purchaser can tell the country of origin by viewing the containers in which they are packaged, the individual cable ties may be excepted from marking under this provision. Accordingly, marking the containers in which the cable marker ties are imported and sold to the ultimate purchaser in lieu of marking the individual ties is an acceptable country of origin marking for the imported cable ties, provided the port director at the port of entry is satisfied that the cable ties will remain in the marked containers until they reach the ultimate purchaser.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Joan Mazzola at 212-466-5580.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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