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NY I88419




December 9, 2002

CLA-2-87:RR:NC:MM:101 I88419

CATEGORY: CLASSIFICATION

TARIFF NO.: 8714.93.0500

Mr. Charles D. Simpson III
Velo Equipé Inc.
288 Pinedge Drive
West Berlin, New Jersey 08091

RE: The tariff classification of a Bicycle Hub from Belgium and Country of Origin Marking Of Imported Bicycle Hubs

Dear Mr. Simpson:

In your letter dated November 7, 2002 you requested a tariff classification and a country of origin marking ruling.

You did not submit a sample of the bicycle hub. You state that the item is a “Hub-A Standard Bicycle Hub-Aluminum alloy, with hollow axle and lever-operated quick release mechanism.”

The applicable subheading for the Bicycle Hub will be 8714.93.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of vehicles of headings 8711 to 8713: Other: Hubs, other than coaster braking hubs and hub brakes, and free-wheel sprocket-wheels: Hubs: Aluminum alloy hubs with a hollow axle and lever-operated quick release mechanism. The rate of duty will be Free.

You are also requesting a ruling on whether the proposed method of marking the container in which the Bicycle Hub is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported Bicycle Hub. A marked sample container was not submitted with your letter for review.

You state that the Hubs will be packaged in sealed boxes marked “Made in Belgium.”

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.

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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the Bicycle Hub is the consumer who purchases the product at retail.

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 Bicycle Hub by viewing the container in which it is packaged, the individual Bicycle Hub would be excepted from marking under this provision.

Bicycle Hubs which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the Bicycle Hubs are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported Bicycle Hubs provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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