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NY R02871




December 5, 2005

CLA-2-73:RR:NC:N1:113 R02871

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587

Mr. Terry Latimer
Lightning Components Corporation
720 Industrial Blvd., Suite 500
Grapevine, TX 76051

RE: The tariff classification and marking of a mount kit from China

Dear Mr. Mr. Latimer:

In your letter dated November 22, 2005, you requested a tariff classification ruling.

The merchandise is a mounting hardware kit for tower antenna assemblies (item HKSFU). The kit contains plates, nuts, washers, bolts and U-bolts. The hardware is predominantly composed of steel.

The applicable subheading for the mounting hardware kit 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

In your letter, you also ask for guidance on the country of origin marking for your product. You submitted a photocopy of the label you intend to place on the outer carton containing each hardware kit. The label reads “MADE IN CHINA” in block letters of approximately 3/16-inch in height.

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 of the hardware kit is the consumer who purchases the product at retail.

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 hardware kit by viewing the container in which it is packaged, the individual components of the kit would be excepted from marking under this provision.

Hardware components which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the hardware kit is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported kits provided the port director is satisfied that the article 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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