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NY R03104




March 30, 2006

CLA-2-85:RR:NC:N1:112 R03104

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.51.9000

Heather Ganley
Paralegal,
Taco, Inc.
1160 Cranston Street
Cranston, RI 02920-7335

RE: The tariff classification of insulated wire from Taiwan

Dear Ms. Ganley,

In your letter dated January 16, 2006, you requested a tariff classification and marking ruling.

The items concerned are insulated Wire Harness and Lead Wire Assemblies with connectors; they have a voltage usage of between 600 and 800 volts.

The purpose of these assemblies is to act as part of a circulator.

The applicable classification subheading for the Wire Harness and Lead Wire Assemblies will be 8544.51.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire , whether or not fitted with connectors : Other electric conductors, for a voltage exceeding 80 V but not exceeding 1,000 V: Fitted with connectors: Other: Other”. The rate of duty will be 2.6%.

You proposed in your letter that these items be exempted from Country of Origin marking requirements based on a “significant transformation” which takes place when the Wire Harness and Lead Wire Assemblies are incorporated as components in a circulator.

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. Since, in this instance, the Wire Harness and Lead Wire Assemblies are to be incorporated as components of a circulator and will not be available for individual sale, Taco, Inc. is considered the ultimate purchaser.

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 Wire Harness and Lead Wire Assemblies by viewing the container in which it is packaged, the individual Wire Harness and Lead Wire Assemblies would be excepted from marking under this provision.

Wire Harness and Lead Wire Assemblies 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 Wire Harness and Lead Wire Assemblies 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 Wire Harness and Lead Wire Assemblies 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 Parts 134 and 177 of the Customs Regulations (19 C.F.R. 134, 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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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