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NY G84942

December 15, 2000

CLA-2-85:RR:NC:1:112 G84942


TARIFF NO.: 8536.50.9045

Mr. Brent Reider
International Trade Group, Inc.
2920 North Star Road
Columbus, OH 43221-2961

RE: The tariff classification of a cut-out switch from China

Dear Mr. Reider:

In your letter dated November 24, 2000, on behalf of TOMCO Engineering, Ltd., you requested a tariff classification ruling.

As indicated by the submitted information, the cut-out switch is a “knife” type switch that is used in conjunction with a system to electrify the wires in fences used to contain livestock.

The applicable subheading for the cut-out switch will be 8536.50.9045, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical switches for a voltage not exceeding 1,000 V: Other: Other. The rate of duty will be 2.7 percent ad valorem. This rate of duty will remain unchanged in 2001.

You also inquire as to the acceptable country of origin marking for this type switch that is sold in a retail box. 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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of imported cut-out switch, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking.

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 David Curran at 212-637-7049.


Robert B. Swierupski

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