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 > 1996 NY Rulings > NY 818033 - NY 818147 > NY 818037

Previous Ruling Next Ruling
NY 818037

January 23, 1996

CLA-2-39:RR:NC:TP:221 818037


TARIFF NO.: 3926.90.9890; 9817.00.5000

Ms. Breck T. Viets
C.H. Dana Company, Inc.
Hyde Park, Vermont 05655

RE: The tariff classification of the cattle/calf weaner from Germany.

Dear Ms. Viets:

In your letter dated December 22, 1995, you requested a tariff classification ruling.

The cattle/calf weaner is composed of plastic. The weaner is designed to be inserted into the nose of a calf so that when the calf attempts to suckle the mother cow, the weaner prongs press into the calf's soft nose flesh, thereby discouraging the calf from suckling. The cattle/calf weaner will be sold to farmers and ranchers.

The applicable subheading for the cattle/calf weaner will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

In the alternative, the cattle/calf weaner may be eligible for duty free treatment under subheading 9817.00.5000, HTS, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes, upon compliance with the actual use requirements of sections 10.131 - 10.139 Customs Regulations.

You have also inquired about the country of marking regulations. You propose to mark the cattle/calf weaner with adhesive labels. A sample of the marked weaner was not provided with your ruling request.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Provided the marking is conspicuous and legible, and the label will remain attached until the weaner reaches the ultimate purchaser (in this case the farmer or rancher), the marking regulations will be satisfied by individually marking each weaner with the country of origin through the use of labels.

A copy of this 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 Joan Mazzola at 212-466-5580.


Roger J. Silvestri

Previous Ruling Next Ruling

See also: