United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 NY Rulings > NY 866493 - NY 867880 > NY 866501

Previous Ruling Next Ruling
NY 866501

September 17, 1991

CLA-2-98:S:N:N1:119 866501


TARIFF NO.: 9801.00.1090

Ms. Holly E. Hanson
Expeditors International of Washington, Inc. 2612 E. 81st Street
Bloomington, MN 55425

RE: The tariff classification of a photo chemical lab protective kit from Canada

Dear Ms. Hanson:

In your letter dated August 23, 1991, you requested a tariff classification ruling. The request is being made on behalf of Envision Compliance Ltd., Ontario, Canada.

The kit is assembled in Canada from articles made in various countries. A list of the articles with countries of origin follows.

Respirator and cartridges U.S.
Respirator wipes (towelettes) "
Splash goggles "
Neoprene coated nylon apron China
First aid kit Canada
Nitrile gloves "
Carrying case (wall mounted) Taiwan

The respirator consists of a vinyl mask for nose and mouth with a cartridge receptacle on each side. There are two ammonia gas cartridges used when handling bleach, bleach-fix and fix, and two acid gas and organic vapor cartridges used when handling color developers.

The articles in the kit do not undergo any manufacturing process in Canada but are merely packaged in the carrying case and are suitable for sale directly to the users without repacking. The photo chemical lab protective kit is classifiable as a set whose essential character is imparted by the respirator and cartridges which are products of the United States.

The applicable subheading for the photo chemical lab protective kit will be 9801.00.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad. The rate of duty will be free.

Regarding the marking of the merchandise, the regulations require that 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 container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article.

We cannot issue a marking ruling since you have not indicated the type of marking you plan to use. You may wish to discuss the matter with the Import Specialist at the port where the merchandise will be imported or apply for a ruling on a specified form of marking.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: