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NY E86498




September 20, 1999

CLA-2-82:RR:NC:1:115 E86498

CATEGORY: CLASSIFICATION

TARIFF NO.: 8208.90.6000

Mr. Albert Suhu
FCE Corp.
141-55 Coolidge Avenue
Jamaica, NY 11435

RE: The tariff classification of Steel Rule from China.

Dear Mr. Suhu:

In your letter dated August 25, 1999 you requested a tariff classification ruling.

The item is a “steel rule”. One edge is sharpened and is used to cut or make perforations in the construction of folding boxes and corrugated boxes. The steel rules are cut and bent into shapes to form a die mold. The pieces of steel are then attached to a wooden board which is placed in a die-cutting press. Paper board or corrugated board is fed into the die-cutting press which cuts and shapes the desired box.

The applicable subheading for the steel rule will be 8208.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Knives and cutting blades, for machines or for mechanical appliances, and base metal parts thereof: Other (including parts). The rate of duty will be Free.

In your inquiry you ask if it is sufficient to mark the outside box “Made in China” without marking each individual piece? Part 134 of the Customs Regulations describes the provisions for Country of Origin Marking. Unless excepted by law, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States. Containers of articles excepted from marking shall be marked with the name of the country of origin of the article unless the container is also excepted from marking. In your letter you state that the steel rules are sold to industrial users in complete boxes. Part 134.32 of the Customs Regulations list General exceptions to marking requirements. The articles described or meeting the specified conditions set forth below are excepted from marking requirements. (d) Articles for which the marking of the containers will reasonablely indicate the origin of the articles.

In your inquiry you ask if there are any restrictions regarding the usage of wood packing crates from China? The importation of this merchandise may be subject to regulations administered by the U.S. Department of Agriculture (USDA). Inquiries may be directed to that agency at the following location: USDA
A.P.H.I.S. PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Tel. (301) 734-8645 or (301) 734-8896.

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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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