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NY F81590




February 2, 2000

CLA-2-70:RR:NC:2:226 F81590

CATEGORY: CLASSIFICATION

TARIFF NO.: 7017.90.5000

Mr. Michael Lozanoff
Wilmad/Labglass
P.O. Box 688
1002 Harding Highway
Buena, NJ 08310-0688

RE: The tariff classification of five laboratory glassware articles from China

Dear Mr. Lozanoff:

In your letter dated December 30, 1999, you requested a tariff classification ruling regarding laboratory glassware. Representative samples of the items were submitted with your ruling request.

You indicated in your letter that you wish to import the following laboratory glassware products:

1. Adapter, Three-Way Claisen (LG-1550-100) 2. Condenser, Allihn (LG-4680-100)
3. Rotary Evaporator Trap (LG-6880-110)
4. Funnel (LG-8271T-100)
5. Flask (ML-1110-778)

You stated in your letter that none of these items have special properties, function as an optical element or are chemically coated.

The applicable subheading for the five laboratory glassware articles will be 7017.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for laboratory, hygienic or pharmaceutical glassware, whether or not graduated or calibrated: other: other. The rate of duty will be 6.7 percent ad valorem. With respect to marking requirements, it should be noted that Section 304 of the Tariff Act of 1930, as amended (19 U.S. C. 1304), provides 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 a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The samples you have submitted do not appear to be properly marked with the country of origin. Each item itself must be marked with the country of origin – “Made in China”.

Marking of the packaging would be acceptable only if the article will be received by the ultimate purchaser in this packaging. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port(s) of entry.

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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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