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NY A86377

August 6, 1996

CLA-2-82:RR:NC:GI:115 A86377


TARIFF NO.: 8205.59.7000

Mr. Richard A. Bennett
Sanderlings International Inc.
7 Garland Place
Ottawa, Ontario
Canada K1H 8M1

RE: The tariff classification, marking requirements and status under the North American Free Agreement (NAFTA) of the Sand Piper from Canada.

Dear Mr. Bennett:

In your letter dated July 19, 1996, you requested a ruling of the Sand Piper from Canada under the NAFTA.

The subject item is the Sand Piper, which is a hand-held and hand-operated digging tool to extract a core of beach sand to facilitate the quick and secure installation of such things such as beach umbrellas and life-guard flags on the beaches of oceans, lakes and rivers.

The Sand Piper will be available in eight models as identified below:

Product Code Outside diameter of aluminum tubing

1) Model 91010 - stretched bend 1.0"
2) Model 91015 - stretched bend 1.5"
3) Model 91020 - stretched bend 2.0"
4) Model 91025 - stretched bend 2.5"
5) Model 93030 - crushed bend 1.0"
6) Model 93015 - crushed bend 1.5"
7) Model 93020 - crushed bend 2.0"
8) Model 93025 - crushed bend 2.5"

The Sand Piper is formed from a single piece of thin-walled aluminum tubing approximately 14.5" in length. The length of tubing is then bent at a right angle, forming the handle. The exterior paint is applied, followed by attaching a decal containing the company logo, address and country of origin marking. The tool is used by placing its sand-cutting end adjacent to the surface of the ground at the desired angle. By rotating the handle back and forth while at the same time applying downward pressure, the sand-cutting end of the tool penetrates quickly into the ground. Once driven to a sufficient depth, the tool is removed by pulling on the handle. The core of sand within the boring portion can be dislodged by shaking the tool against a hard surface.

The operations performed on the U.S. aluminum tubing in Canada meet the substantial transformation requirements of HTS chapters 8203.10-8207.90 setforth in Section 102.20 Specific rules by Tariff classification. {as per Treasury Decision 94-4}. Canada is the proper country of origin.

The applicable subheading for the Sand Piper will be 8205.59.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for other handtools and parts thereof: other: other. The duty rate will be 0.4 cents/kg + 1% ad valorem.

Your inquiry also requested a NAFTA marking determination for the Sand Piper. 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 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 134.45(a)(2) of the interim regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the interim regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

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. The Sand Piper will be marked with an adhesive label permanently affixed to the tool itself indicating the company name, address and the designation "Made in Canada" in close proximity to the address.

Your proposed marking of the imported Sand Piper, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking. Furthermore, the outer shipping containers which are sealed must also be marked "Canada".

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).


Roger J. Silvestri

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