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NY N015278




August 28, 2007

CLA-2-84:RR:NC:N1:102

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.1050

Mr. Daniel M. Wrubel
Equal Air, Inc.
6635 Brookwood Drive SW
Grandville, MI 49418

RE: The tariff classification of a replacement air line chuck from China

Dear Mr. Wrubel:

In your letter dated August 1, 2007 you requested a tariff classification and marking ruling on behalf of Equal Air, Inc. Descriptive information was submitted.

The item you plan to import is described as a replacement air line chuck, Part Number PSINUNU01. The chuck is a hand operated device made of solid brass plated with nickel. It connects an air hose to the valve stem of a tire to be inflated. The chuck incorporates a valve mechanism to stop the flow of air when the chuck is detached from the valve stem.

The applicable subheading for the replacement air line chuck will be 8481.80.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other hand operated valves of copper having a pressure rating under 850kPa. The rate of duty will be 4 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 World Wide Web at http://www.usitc.gov/tata/hts/.

In your request you indicate that the chucks are imported individually within a transparent “blister” package with enclosed retail card marked made in China. You also indicate that the chucks will be sold to purchasers for their use and will reach these end users in the marked “blister” pack. You inquire as to the acceptability of this marking. A marked sample was submitted with your letter for review. The sample will be returned as you requested.

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 is the end user that will receive the article in its imported condition.

           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 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 chuck by viewing the container in which it is packaged, the individual chuck may be excepted from marking under this provision.

     Accordingly, marking the “blister” packaging in which the chucks 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 chucks provided the port director is satisfied that the chuck 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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