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NY N025659




April 17, 2008

CLA-2-83:OT:RR:E:NC:N1:121

CATEGORY: CLASSIFICATION

TARIFF NO.: 8303.00.0000

Mr. Richard Nguyen
VMR Capital Group, LLC
2 Gold Street, Suite 903
New York, NY 10038

RE: The tariff classification and country of origin marking of a safe from China

Dear Mr. Nguyen:

In your letter dated April 3, 2008, you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

The merchandise under consideration is a steel lock box, model number PBS-001, made for storing firearms and valuables. The body of the box is made of heavy-duty 9 gauge steel (3 mm thick) with a 4 mm thick lid, which provides a strong, tamper-proof box. It measures 13.98 inches long by 10.24 inches wide by 4.73 inches high and weighs 22 lbs. The locking mechanism is a battery operated biometric fingerprint recognition device. It also comes with two mechanical keys that unlock a keyhole, which is located underneath the battery. The keyhole has an antidrilling washer that spins if a drill is used in a break-in attempt. Four pilot holes in the base panel allow the box to be mounted inside a drawer, to a wall or onto any flat surface.

The applicable subheading for the safe will be 8303.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for armored or reinforced safes, strong-boxes and doors and safe deposit lockers for strong-rooms, cash or deed boxes and the like, and parts thereof, of base metal. The rate of duty will be 3.8 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/. You have also requested a ruling on whether the proposed method of marking the container in which the safe is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported safe. A marked sample container was not submitted with your letter for review, however, you have submitted pictures of the proposed retail packaging.

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 safe 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 safe by viewing the container in which it is packaged, the individual safe would be 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 safe 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 safe 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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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