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NY F84102




March 27, 2000

CLA-2-85:RR:NC:1:112 F84102

CATEGORY: CLASSIFICATION

TARIFF NO.: 8507.10.0060

Mr. Brian F. Walsh
Barnes, Richardson & Colburn
303 East Wacker Drive
Chicago, IL 60601

RE: The tariff classification of a lead-acid battery. The country of origin is not stated.

Dear Mr. Walsh:

In your letter dated February 23, 2000, on behalf of Freightliner Corporation, you requested a tariff classification ruling.

As indicated by the submitted information, these lead-acid batteries are rated at 12 volts and are used for starting diesel piston type engines in a motor vehicle.

The applicable subheading for the lead-acid batteries will be 8507.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for lead-acid storage batteries, of a kind used for starting piston engines. The general rate of duty will be 3.5 percent ad valorem.

You have also requested a waiver of marking under 19 U.S.C. 1304. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the article by viewing the container in which it is packaged, the individual article would be excepted from marking under this provision. The authority to grant such exceptions to the marking statute rests with the Port Director. Accordingly, such a request should be directed to the concerned 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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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