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NY R01761




April 25, 2005

CLA-2-84:RR:NC:1:102 R01761

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.1085

Ms. Debbie Susann Tolladay
United Supply International
729 W. Winder Industrial Parkway
Winder, GA 37172

RE: The tariff classification of a hand-operated gas valve from China

Dear Ms. Tolladay:

In your letter dated April 6, 2005 you requested a tariff classification and marking ruling on behalf of United Supply International. Descriptive information was submitted.

The article in question is described as a brass gas meter ball valve, which is available in sizes ranging from ¾ to 2 inches. You indicate that the valves are hand operated and made of brass. The maximum working pressure for the valve is 175 psi, or approximately 1207 kPa.

The applicable subheading for the subject gas valve will be 8481.80.1085, Harmonized Tariff Schedule of the United States (HTSUS), which provides taps, cocks, valves and similar appliances, hand operated, of copper, and having a pressure rating of 850 kPa or over. The rate of duty will be 4 percent ad valorem.

In your request you indicate that the valves are imported individually packed in polybags marked made in China. You also indicate that in most instances the valves will be sold to natural gas companies for their use and will reach these end users in the marked polybags. You inquire as to the acceptability of this marking. A marked sample container was not submitted with your letter for review.

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, in most instances, will be the gas company that buys and uses the valves to secure their gas lines.

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

Accordingly, marking the polybags in which the gas valves 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 gas valves provided the port director is satisfied that the valve 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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