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NY D83253





October 20, 1998

CLA-2-85:RR:NC:1:108 D83253

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 8529.10.7000

Ms. Rosa Isela Ramos
USA Wireless, Inc.
1111 Bagby, Suite 2610
Houston, Texas 77002

RE: The tariff classification and country of origin marking of a cellular telephone antenna from China.

Dear Ms. Ramos:

In your letter dated October 6, 1998, you requested a tariff classification and country of origin marking ruling.

The item is the Advanced Cellular Phone Antenna (ACPA K-125 ) which you state is a thin rectangular cellular antenna that is permanently mounted to the bottom of a cellular phone battery. The antenna is composed of a thin plastic box which has a printed circuit board inside. The box has a silver colored connector that attaches to the external antenna port on the cellular phone. As its name indicates, the item will serve as a cellular telephone antenna.

The applicable subheading for the ACPA K-125 Cellular Phone Antenna will be 8529.10.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for [A]ntennas and antenna reflectors of all kinds; parts suitable for use therewith: [O]ther: [A]ntennas and antenna reflectors of a kind used with apparatus for radiotelephony and radiotelegraphy. The rate of duty will be 2.1 percent ad valorem.

You have inquired as to suitability of the country of origin marking which you have on your product. You state that the antenna will be marked with the words, "Made in China". In addition you have stated that the containers in which the antennas will be shipped to the United States, will be marked, "Made in China". The wrapper which you have submitted is marked "Made in China" on the bottom of the back panel of the wrapper. The side of the bottom panel of the wrapper is marked "package printed in Canada". On the front panel of the wrapper, at the top of the panel is your company's logo, "USA Wireless" in letters much larger than the country of origin markings.

Customs Regulation 19 CFR 134.46 requires that, "except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article.

Custom's regulation 19 CFR 134.47 requires that "When as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or ``United States'' or ``America'' appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by ``Made in,'' ``Product of,'' or other similar words, in close proximity or in some other conspicuous location. "

Customs decisions involving marking size and placement have set as their standard, the goal of making the ultimate purchaser aware of the country of origin. When a country name appears on the label, such as in the instant case, "USA Wireless", conspicuousness must be viewed in light of a predictable misunderstanding on the part of the ultimate consumer. It is our opinion that the country of origin markings on the wrapper (for both the antenna and the wrapper) will be conspicuous only if the markings are on the same panel of the wrapper as the name "USA Wireless".

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 Michael Contino at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director,

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