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NY K84960




May 4, 2004
CLA-2-85:RR:NC:1:112 K84960

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.4000

Mr. Donald S. Simpson
Barthco Trade Consultants
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of a sensor bearing and steering modules from France

Dear Mr. Simpson:

In your letter dated March 22, 2004, on behalf of SKF USA, Inc., you requested a tariff classification ruling.

As indicated by the submitted information, the sensor bearing, identified as BMB-6206/064S2, is used in electric motors to determine the revolutions per minute of the rotor unit. It is comprised of a ball bearing, an impulse ring, a sensor body, and a cover. The steering modules, identified as items AHE-5524 and BMB-7012A, are similar in construction and designed for use in forklift trucks.

The applicable subheading for the sensor bearing, item BMB-6206/064S2, and the steering modules, items AHE-5524 and BMB-7012A, will be 8543.89.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric synchros and transducers. The rate of duty will be 2.6 percent ad valorem.

In response to your inquiry as to whether the proposed marking "Made in France” is an acceptable country of origin marking, 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 marking of the sensor bearing and steering modules, as described above, is conspicuous, legible and permanent 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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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