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NY B86621

June 23, 1997

CLA-2-76:RR:NC:G1:115 B86621


TARIFF NO.: 7616.99.5090; 7907.00.6000; 8544.41.0000

Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, Ohio 43221-0877

RE: The tariff classification and country of origin marking requirements of a strainer and a battery connector from China

Dear Mr. Reider:

In your letter dated June 13, 1997, you requested a tariff classification ruling, on behalf of Fi-Shock Incorporated. The subject items are described as follows:

1) In-Line Strainer - which is used to pull taut the horizontal wires that make up an electrified fence. One end of the fence wire is fastened securely through the two (2) holes opposite the sprocket. The other end of the fence wire is run through the hole in the axial of the sprocket. The sprocket is then ratcheted, therein pulling the wire taut. The wire of the spring steel keeps the sprocket into its ratcheted position. Though, a lever may be used to ratchet the sprocket. When the In-Line Strainer has been ratcheted to the desired tightness, the handle is removed and the In-Line Strainer is left in position holding the wires. As such, the item has been designed to remain in position, holding the fence wires taut for approximately 35 years. The sprocket is die cast aluminum or zinc. The chassis is made from galvanized steel. The In-Line Strainer will be shipped to the United States and completely assembled for sale.

2) Battery Connector with Adaptor - which is used by farmers to power a section of electric fence from a battery. The battery clips are attached to a battery (negative and positive diodes respectively) and the adapter plug inserted into a transformer. The transformer supplies power directly to the fence line. The battery connector with adaptor allows electric fences to be supplied with power from a battery.

The In-Line Strainer is considered composite goods, consisting of different materials or made up of different components. This item shall be classified as if it consisted of the material or component which gives it its essential character. In this instance, the sprocket imparts the essential character.

The applicable subheading for the In-Line Strainer with an aluminum sprocket will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum: other. The duty rate will be 3.8% ad valorem.

The applicable subheading for the In-Line Strainer with a zinc sprocket will be 7907.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of zinc, other. The duty rate will be 4.1% ad valorem.

The applicable subheading for the Battery Connector with Adapter will be 8544.41.0000, (HTS), which provides for other electrical conductors, for a voltage not exceeding 80 V: fitted with connectors. The duty rate will be 3.7% ad valorem.

Your query also requests a country of origin marking ruling on the items. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

Section 134.44 (b), Customs Regulations (19 CFR 134.44 (b)), addresses the marking requirements for paper stickers. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. The designation "China" or "made in China" would be acceptable for the In-Line Strainer. The designation PRC is not an acceptable form of marking.

Since you indicate that the Battery Connector with Adapter is sold as part of a set, the components of which are of U.S. origin (other than the Battery Connector), the marking requirements will depend upon exactly how this set is sold at retail. If the set is sold in a blister-type package, the packaging should include a statement that the Battery Connector is made in China. If packaged for retail separately, the Battery Connector should be marked "made in China".

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

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 Melvyn Birnbaum at 212-466-5487.


Robert B. Swierupski
Chief, Metals & Machinery Branch

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