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NY G81037




August 21, 2000

CLA-2-82:RR:NC:1:118 G81037

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.5560

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

RE: The tariff classification and country of origin marking requirements of a strainer handle 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 300-305, as an in-line strainer handle. It acts as a tool for added leverage on a device called an in-line strainer. The in-line strainer is used by landscapers, gardeners, farmers and home owners to tighten wire fencing, i.e. to cordon off an area from small animals for its safety and/or to prevent damage to the fenced area.

The applicable subheading for the strainer handle will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: other: of iron or steel: other: other (including parts). The duty rate will be 5.3% ad valorem.

Consideration was given to classifying this product under subheading 7326.90.8585, HTS, as you have suggested. However, as the product serves as a tool your suggested classification is deemed inappropriate.

Your query also requests a country of origin marking ruling on the strainer handle. 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 clearly indicating “Made in China”. Section 134.44 (b), Customs Regulations (19 CFR 134.44 (b)), addresses the marking requirements for paper stickers. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. The country of origin marking on your sample appears to satisfy the requirements of the marking statute.

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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