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NY G86721

February 8, 2001

CLA-2-82:RR:NC:1:118 G86721


TARIFF NO.: 8205.59.5560

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

RE: The tariff classification and the country of origin marking requirements of a 3 hole twisting tool from China.

Dear Mr. Reider:

In your letter dated January 23, 2001, submitted on behalf of your client, TOMCO Engineering, Ltd., you requested a tariff classification ruling.

You have described your product, model 300-309, as a 3 hole twisting tool. It is used to mount insulation clips in an electrified fence system and is made of steel.

The applicable subheading for the 3 hole twisting tool will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: other: of iron or steel: other: other (including parts). The duty rate will be 5.3% ad valorem.

Your query also requests a country of origin marking ruling on the 3 hole twisting tool. 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.

You have indicated that the product will be marked “Made in China.” The marking should be on the tool itself. Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. In your particular instance, subsection (d) may apply which provides for the exception to the marking requirements for articles for which the marking of the containers will reasonably indicate the origin of the articles. However, such exception must be granted through the intended Port of entry.

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 Kathy Campanelli at 212-637-7025.


Robert B. Swierupski

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