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NY A84090

June 21, 1996

CLA-2-93:R:N4:119 A84090


TARIFF NO.: 9305.10.2000; 9802.00.8065

Mr. Thomas R. Wells, CEO
Accu-Counter, Inc.
35 Erlanger Road
Erlanger, KY 41018

RE: The tariff classification of an "Accu-Counter" pistol grip from Hong Kong

Dear Mr. Wells:

In your letter dated May 29, 1996 you requested a tariff classification and country of origin marking ruling.

The article to be imported is a pistol grip with an installed electronic counter and LCD display. The device, marketed under the name Accu-Counter, is used to give a running count of the number of rounds fired from a magazine. It also keeps a total count of the number of rounds fired from the pistol. In addition the "port on the Accu-Counter will down load total counts to a PC where the entire shooting history of the gun will be kept".

A pistol grip and an electronic sensor will be sent to Hong Kong where assembly with the electronics and LCD display for the counter will be performed. The value of the grip and sensor will represent approximately 29 percent of the total cost of the product while that of the electronics and LCD display will represent approximately 71 percent. The finished product will be imported individually packed and ready for sale.

The applicable subheading for the Accu-Counter pistol grip will be 9305.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories... of revolvers or pistols. The duty rate will be 6.7 percent.

You have indicated that the pistol grip and the sensor are of U.S. origin and undergo no further manufacturing in Hong Kong prior to assembly. Based on that information, the American components would be eligible for duty exemption under subheading 9802.00.8065, HTS, which provides for articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting.

In regard to the country of origin marking requirements, 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.

Since the finished article will be considered a product of Hong Kong, it cannot be marked "Made in USA" as originally suggested in your letter. Subsequently you proposed by telephone to use the following marking on the retail container of the product:

"Grip and sensor made in USA"
"Electronics and assembly - Hong Kong"

Such a marking would be acceptable to the U.S. Customs Service if it otherwise meets the general requirements such as conspicuousness and legibility.

The temporary export and subsequent reimportation of the pistol grips would be subject to the regulations of the Office of Munitions Control, Department of State, Washington, D.C. 20520. Please consult that agency for further instructions.

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.


Roger J. Silvestri

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