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NY N019074





November 1, 2007

CLA-2-73:OT:RR:NC:1:128

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 7310.29.0050

Ms. Angela Smith
Tinman Packaging Solutions LLC
41 Market Street
Keene Valley, NY 12943

RE: The tariff classification and country of origin marking of a metal tin from China.

Dear Ms. Smith:

In your letter dated October 24, 2007, on behalf of SybronEndo, you requested a tariff classification ruling.

The submitted sample is a decorated metal tin measuring 3.75” L x 2.6” W x 0.5” H, with a slide-to-open lid and a clear plastic insert fitted inside. After importation, the tin will be used as packaging for dental files. The tins with dental files will be used as a give away to dentists for a promotion of the new dental file.

Your sample is being returned as requested.

The applicable subheading for the metal tin will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Of a capacity of less than 50 liters: Other, Other. “ The rate of duty will be Free.

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/.

You have inquired as to the country of origin marking requirements for the metal tin. Section 304 of the Tariff Act, as amended (19 U.S.C. 1304), provides that all articles of foreign origin imported into the United States shall be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. Subpart C of 19 CFR Part 134, provides for the country of origin marking of containers. Section 134.24(a), Customs Regulations (19 CFR 134.24(a)), provides that disposable containers are the usual and ordinary types of containers or holders, including cans, bottles, paper or polyethylene bags, paperboard boxes, and similar containers or holders which are ordinarily discarded after the contents have been consumed. Section 134.24(b), Customs Regulations provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container, which reaches the ultimate purchaser. Section 134.24(c)(1) of the Customs Regulations provides that when disposable containers or holders are imported by persons or firms who fill or package them with products they sell, these persons or firms are the ultimate purchasers of the containers or holders. In such cases, the containers may be excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) as long as the outside wrappings or packages are marked to indicate the country of origin of the containers.

The metal tins are considered to be disposable containers. When imported empty they need not be individually marked provided the shipping containers in which they are imported are marked to indicate the country of origin and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

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 Sharon Chung at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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