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NY E89609





December 8, 1999

CLA-2-85:RR:NC:1:112 E89609

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070; 9032.10.0060; 8519.99.0060

Mr. Jeffrey R. Willson
Willson International, Ltd.
6725 Airport Road
Mississaugua, Ontario L4V 1V2
Canada

RE: The tariff classification of remote control system components from Canada

Dear Mr. Willson:

In your letter dated September 15, 1999, on behalf of Tracking Technology Corporation, you requested a tariff classification ruling.

As indicated by the submitted literature, there are four specific items in question, described as follows:

RX11 (RX11-1) Ultrasonic Fire On/Off Remote Control – A battery operated remote control for operation of a fireplace.

TRX21 (TRX21A) Ultrasonic Temperature Remote Control – A battery operated remote control that controls operation of a fireplace, including the room temperature.

IRRC300 Infrared Programmable Temperature Remote Control – A battery operated remote control for operation of a fireplace that allows for programming of on/off functions and control of room temperature.

CF5 Crackling Fire Sound System – A battery operated device that simulates the sound of a real wood fire.

The applicable subheading for the RX11 Ultrasonic Fire On/Off Remote Control will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for other boards, panels, , for electric control or the distribution of electricity, : For a voltage not exceeding 1,000V. The rate of duty will be 2.7 percent ad valorem. The applicable subheading for the TRX21 Ultrasonic Temperature Remote Control and the IRRC300 Infrared Programmable Temperature Remote Control will be 9032.10.0060, HTS, which provides for thermostats. The rate of duty will be 1.7 percent ad valorem. The applicable subheading for the CF5 Crackling Fire Sound System will be 8519.99.0060, HTS, which provides for other sound reproducing apparatus: Other. The rate of duty will be Free. For merchandise entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2000, the rates of duty will be the same as for 1999.

You have also inquired as to whether an adhesive label would suffice for country of origin marking purposes on the products. 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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

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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