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NY D83810




October 30, 1998

CLA-2-73:RR:NC:1:117 D83810

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.92.30

Mr. Darin C. Lai
Morrison Group International, Inc.
2461 E. Orangethorpe Avenue
Fullerton, California 92831

RE: The tariff classification of steel branch outlets from China.

Dear Mr. Lai:

In your letter dated October 16, 1998, you requested a tariff classification ruling. Descriptive literature and two representative samples were submitted with your ruling request.

The products to be imported are carbon steel threaded branch outlet pipe fittings which are designed for use in fire protection sprinkler systems. The branch outlets are made from either bar stock or pipes/tubes. These branch outlets, used to connect the sprinkler head to the main pipe system, will be imported in a wide range of sizes. You state that "China" will be permanently etched into the body of the product by means of chemical etching.

The applicable subheading for the threaded branch outlets will be 7307.92.30, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, threaded elbows, bends and sleeves, sleeves (couplings). The rate of duty will be 3.7 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 or the article.

19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.

Permanently marking the country of origin by means of acid/chemical etching would be an acceptable means of marking the outlet branches. It should be noted that a permanent marking is one which cannot be rubbed or scratched off or otherwise easily removed without the use of solvents, abrasives, high speed mechanical buffers, etc.

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 Paula Ilardi at 212-466-5476.

Sincerely,

Robert B. Swierupski
Director,

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