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NY J84350




May 28, 2003

CLA-2-73:RR:NC:N1:113 J84350

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.5000; 8215.20.0000; 9802.00.50

Mr. Ralph Saunders
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a bar set from Canada; Article 509

Dear Mr. Saunders:

In your letter dated April 25, 2003, on behalf of Precidio Inc., you requested a ruling on the classification and marking of a bar set from Canada.

The samples you provided are a glass shaker with a metal top and a set of bar tools. The bar tools include a knife, tongs, corkscrew, bottle opener and stirrer. You present two scenarios. In scenario one, the glass shaker is imported by itself without the bar tools. The glass shaker is a product of the U.S. While in Canada, the shaker is imprinted with ounces and metric markings. The metal top is made in China. You state in your letter that the shaker is valued at $4.33.

The applicable tariff provision for the shaker imported separately will be 7013.39.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics: other: other: other: valued over three dollars each but not over five dollars each. The general rate of duty will be 15 percent ad valorem.

Articles exported from and returned to the U.S., after having been advanced in value or improved in condition by repairs or alterations in Canada, may qualify for a duty exemption under HTSUS subheading 9802.00.50, provided the foreign operation does not destroy the identity of the exported articles or create new or commercially different articles through a process of manufacture. The rate of duty would apply only to the value of the repair or alteration.

In scenario two, the shaker with the two piece metal top will be packaged together with the bar tools and shipped to the United States. The bar tools are products of China.

The applicable tariff provision for the set will be 8215.20.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other sets of assorted articles. The general rate of duty will be the rate of duty applicable to that article in the set subject to the highest rate of duty. In this case, the rate of duty will be 15 percent ad valorem, the rate of duty of heading 7013.39.5000, HTS.

Under 19CFR 102.19(b)(1), the country of origin of the separately imported shaker is the United States. Under 19 CFR 102.11(c), the country of origin of the set is China.

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.

Regarding the separately imported shaker, Section 134.32(m) of the Customs Regulations, (19 CFR 134.32(m)) provides that products of the United States which are exported and returned are excepted from the country of origin marking requirements of 19 U.S.C. 1304.

Regarding the set, a product of China, there are many factors to be taken into consideration for acceptable methods of marking. Since you do not state how you intend to mark the items, we suggest that you contact the local import specialist for advice as to proper marking of the items before you import them.

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.

In addition, 19 CFR 134.46 requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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