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NY R01791




May 2, 2005

CLA-2-73:RR:NC:N1:113 R01791

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587; 7616.99.5090; 4008.21.0000; 3920.99.2000

Ms Susan L. Tolot
Willson International, Inc.
One Heritage Place
Southgate, MI 48195

RE: The tariff classification of hose fittings and rubber sheets from China

Dear Ms. Tolot:

In your letter dated April 12, 2005, on behalf of IRP of Mississauga, Ontario, you requested a tariff classification ruling.

The merchandise consists of “camlock” fittings and rubber sheets. The camlock fittings are hose fittings, imported in varying sizes and made of either aluminum or stainless steel.

The applicable subheading for the hose fittings of stainless steel will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the hose fittings of aluminum will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum, other. The rate of duty will be 2.5 percent ad valorem.

You describe the second group of products as sheet rubber made of nine different materials: SBR, neoprene, Viton®, natural red, tan gum, EPDM, Hypalon®, butyl and nitrile. In a telephone conversation you stated that the material described as “natural red” is isoprene rubber and the material described as “tan gum” is synthetic isoprene rubber. You also stated that all of the sheets are noncellular. The sheets will be imported in continuous rolls of 700 feet. The material is used in a number of ways, such as to cover metal, to line bins or to be cut into gaskets.

You describe all of the materials as rubber. Note 4(a) of Chapter 40, HTS, defines synthetic rubber as "unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non- thermoplastic substances which, at a temperature between 18 and 29 degrees C, will not break on being extended to three times their original length, and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1 1/2 times their original length." Hypalon® and Viton® do not meet this definition, and thus are considered to be plastics for tariff classification purposes.

The applicable subheading for the sheets made of SBR, neoprene, isoprene, synthetic isoprene, EPDM, butyl and nitrile rubber will be 4008.21.0000, HTS, which provides for plates, sheets, strip, rods and profile shapes, of vulcanized rubber other than hard rubber: of noncellular rubber: plates, sheets and strip. The rate of duty will be free.

The applicable subheading for the sheets made of Viton® or Hypalon® will be 3920.99.2000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of other plastics: film, strip and sheets, all the foregoing which are flexible: other. The rate of duty will be 4.2 percent ad valorem.

You also ask about the country of origin marking requirements for the rubber sheets and the camlock fittings. The sheets are imported on rolls, in lengths of 700 feet. An adhesive label showing the country of origin is attached to the plastic protective packaging around the roll. After importation the sheets may be cut to smaller lengths and packaged on rolls for sale to industrial rubber distributors. The distributors will cut the rubber sheets into products such as gaskets or bin liners.

The camlock fittings will be imported unmarked. They will be imported in cardboard boxes and will be repackaged here. They may be sold as individual pieces or in lots of boxed quantities.

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. 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.

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.

In this case, the ultimate purchaser of the rubber sheets is the distributor who purchases the sheets in the smaller rolls and then cuts the rubber into finished products such as gaskets and bin liners. The purchaser of the camlock fittings is the person or company that purchases them to be attached onto the end of hose.

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.

In regard to the rubber sheets, the current marking of the adhesive label on the packaging material is acceptable marking for the 700 foot rolls as long as the marking is legible and conspicuous and as long as the rubber sheets will be sold to the ultimate purchaser in the marked 700 foot rolls. However, if the sheet is cut into smaller lengths and repackaged on rolls, the smaller rolls must be marked with the country of origin. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized at the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In regard to the camlock fittings, since the fittings may be sold individually, each fitting must be permanently and legibly marked with the country of origin “China.” Each fitting is marked permanently with its style and size. The country of origin may be marked in the same place and in the same manner.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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