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NY K89404





October 1, 2004

CLA-2-69:RR:NC:1:126 K89404

CATEGORY: CLASSIFICATION

TARIFF NO.: 6909.11.4000
Mr. Charles Li
SinoAmerican Packing, Inc.
263 Rock Run Road
Yardley, PA 19067

RE: The tariff classification of ceramic packing for distillation towers and waste water treatment from China

Dear Mr. Li:

In your letter dated August 29, 2004, you requested a tariff classification ruling. Representative samples of the products you wish to import were submitted with your ruling request.

You stated in your letter that the submitted ceramic (porcelain) articles - saddle, ring and ball - are used as ceramic packing in chemical distillation towers and in waste water treatment as inert fillers. In a telephone conversation with this office, you stated that the distillation towers and waste water treatment equipment are not machines.

The applicable subheading for these ceramic (porcelain) articles - saddle, ring and ball - will be 6909.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic wares of porcelain for laboratory, chemical or other technical uses. The rate of duty will be 4.5 percent ad valorem.

In your letter you also ask about marking requirements. The marking of your products with the words “Imported by SA Packing, USA” is potentially confusing.

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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 C.F.R. Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.46 of the Customs Regulations (19 C.F.R. §134.46) provides that in any case where the words “U.S.,” “American,” or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The country of origin of each ceramic packing product is China. Each item must be marked with the phrase "Made in China" in a legible, indelible, permanent and conspicuous manner. This marking must be in lettering that is at least as large and conspicuous as the words “Imported by SA Packing, USA” and must appear in close proximity to these words.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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