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NY A82375

April 23, 1996

CLA-2-84:RR:NC:MA:104 A82375


TARIFF NO.: 8415.82.0005; 8415.90.8085

Mr. William H. Steere
United Technologies Carrier
Carrier Corporation
Carrier Parkway
P.O. Box 4800
Syracuse, NY 13221

RE: The tariff classification of portable air conditioners from Italy

Dear Mr. Steere:

In your letter dated April 8, 1996 you requested a tariff classification ruling.

The "Holiday" Portable Room Air Conditioner and Dehumidifier Model PCA061D is mounted on four wheels, enabling the lightweight (61 lbs) unit to be rolled easily from room to room. The heat from the condenser coil is vented through the exhaust hose to the outside, usually through a window with the benefit of a sash kit (Model PCA900). The sash window kit consists of expandable screening with hose outlet. Both of these items are plastic. The unit has a cooling capacity of 5,700 BTU/hour (1.67 kW). An activated carbon filter absorbs excess contaminants such as pollen and tobacco smoke while recirculating cleaner, fresher air. The dehumidifier removes up to one quart of water per hour. Two methods of shipment will be employed: (1) air conditioners and sash kits imported together in the same shipment, in equal numbers and on the same invoice and (2) sash kits imported separately.

The applicable subheading for the portable air conditioners shipped together with their sash kits will be 8415.82.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity including those machines in which the humidity cannot be separately regulated; parts thereof: Other, except parts:

Other, incorporating a refrigerating unit...self-contained machines and remote condenser type air conditioners other than year-round units: not exceeding 17.58 kW per hour. The rate of duty will be 2.2 percent ad valorem.

The applicable subheading for the sash kits when imported separately will be 8415.90.8085, HTS, which provides for air conditioning machines, ...; parts thereof: parts: Other...Other. The rate of duty will be 1.9 percent ad valorem.

In your letter, you also inquire as to the proper country of origin marking for a portable air conditioner. While a serial plate bearing the marking "Made in Italy" is affixed to the unit, it is not located in a conspicuous place which would be easily seen by the ultimate purchaser. In addition to the country of origin marking, the plate contains information as to the model number, serial number and ratings. A copy of the marked serial plate was submitted with your letter for review. You indicate this plate is not readily seen by the consumer as it is affixed to the unit in a non-conspicuous place for aesthetic purposes.

Each unit is shipped in an individually factory sealed carton which bears the marking "Made in Italy". You indicate this marking appears in a prominent location on the exterior of the carton. The air conditioner will be sold in its original sealed marked carton. No sample of the carton was submitted for review.

The issue is whether or not each air conditioner must be individually marked in a conspicuous place or whether marking of the container is sufficient.

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 air conditioner 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 air conditioner by viewing the container in which it is packaged, the individual air conditioner would be excepted from marking under this provision.

Air conditioners which are imported in containers that are properly marked with the country of origin are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the containers in which the air conditioners are imported and sold to the ultimate purchasers in lieu of marking the articles themselves in a conspicuous place is an acceptable country of origin marking for the imported air conditioners provided the district director is satisfied that the articles will remain in the marked containers until they reach the ultimate purchasers.

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 Robert Losche at 212-466-5670.


Roger J. Silvestri

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