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NY G81033




August 21, 2000

CLA-2-73:RR:NC:1:118 G81033

CATEGORY: CLASSIFICATION

TARIFF NO.: 7320.20.5045

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

RE: The tariff classification and marking requirements of a tension spring from China.

Dear Mr. Reider:

In your letter dated August 11, 2000, on behalf of your client, Fi-Shock, Inc., Knoxville, TN, you requested a tariff classification ruling.

You have described your submitted sample, part number 400-401, as a tension spring. The tension spring, made of steel, is approximately 12” in length, and is used to indicate tension in a wire fence.

The applicable tariff provision for the tension spring will be 7320.20.5045, Harmonized Tariff Schedule of the United States (HTS), which provides for springs and leaves for springs, of iron or steel: helical springs: other: helical springs, of wire having a cross-sectional dimension of less than 5.1 mm: other. The rate of duty will be 3.9% ad valorem.

Your query also requests a country of origin marking ruling on the tension spring. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

Your submitted sample is labeled with a sticker indicating “Made in China” affixed to a sealed plastic bag. Each item is required to be marked unless excepted. This article can be excepted from marking under 19 U.S.C. §1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 C.F.R. §134.32(d)), if the marking of the retail packaging will reasonably indicate the origin of such article until it reaches the ultimate purchaser. Requests for exceptions to the marking requirements should be presented to the Port Director of the port(s) at which you intend to import this merchandise.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director

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