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March 16, 1999

CLA-2-85:RR:NC:1:112 D87956

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

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

RE: The tariff classification of an electric fence energizer from China

Dear Mr. Reider:

In your letter dated February 16, 1999, on behalf of TOMCO Engineering, Ltd., you requested a tariff classification ruling.

As indicated by the submitted sample, the electric fence energizer, identified as Model SS-2D, is a battery operated device which provides a low voltage current to energize an electrified fencing system. This type of system used by landscapers, gardeners, farmers and home owners to protect vegetation and flowers from destruction by small animals. It can also serve to contain small animals within a restricted area.

The applicable subheading for the electric fence energizer, Model SS-2D, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

With respect to country of origin marking, Part 134, Customs Regulations, sets forth the requirements for such marking. As you indicate, the electric fence energizer is imported in bulk and then repackaged for retail sale after importation. The imported energizer is marked with the country of origin in accordance with Section 134.11, Customs Regulations. The retail packaging, however, does not comply with the requirements of Section 134.46, Customs Regulations, since the marking “Made in China” is smaller than, and not in close proximity to, the name and address of the United States seller.

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 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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