United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2001 NY Rulings > NY G86670 - NY G86750 > NY G86723

Previous Ruling Next Ruling
NY G86723





February 2, 2001

CLA-2-73:RR:NC:N1:113 G86723

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8586

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

RE: The tariff classification of Easy Fence Tool from China.

Dear Mr. Reider:

In your letter dated January 23, 2001, you requested a ruling on behalf of TOMCO Engineering, Ltd., on tariff classification .

The merchandise is the Fi-Shock Easy Fence Tool (P/N 300-315). The tool is a steel handle that makes stringing barbed wire easier by cradling the spool of fencing so that it can be held in one hand while the wire is payed out with the other.

The applicable subheading for this product will be 7326.90.8586, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other, other. The general rate of duty will be 2.9 percent ad valorem.

With regard to marking, each article must be marked with the country of origin, “Made in China,” in a conspicuous and unconcealed area of the article. 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. The ultimate purchaser of this article will be the company or individual that uses it to string the wire.

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 marking, as described above, 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.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

Previous Ruling Next Ruling

See also: