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NY G86054




January 31, 2001

CLA-2-85:RR:NC:1:112 G86054

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.30.8000

Mr. Brent Reider
International Trade Group, Inc.
2920 North Star Road
Columbus, OH 43221-2961

RE: The tariff classification of a ground clamp from China

Dear Mr. Reider:

In your letter dated December 29, 2000, on behalf of TOMCO Engineering, Ltd., you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the ground clamp, which is made of zinc, is identified as Model A-7. This ground clamp consists of a top and bottom piece that are held together by two screws. The top portion is designed with a hole through a piece that protrudes up from the top. In use, the ground clamp is affixed to a grounded object, such as a water pipe, and a grounding wire is inserted into the hole in the top of the clamp. This prevents electrical hazards and protects circuits. It will be used in conjunction with an electrical fence energizer.

The applicable subheading for the ground clamp, Model A-7, will be 8536.30.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other apparatus for protecting electrical circuits: For a voltage not exceeding 1,000 V. The rate of duty will be 2.7 percent ad valorem.

You also inquire as to whether the proposed country of origin marking is acceptable. 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

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.

The proposed country or origin marking,“China”, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported ground clamp.

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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