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NY J81820

March 25, 2003

CLA-2-84:RR:NC:1:102 J81820


TARIFF NO.: 8481.80.10

Mr. Charles M. Watson
R.L. Swearer Company, Inc.
P.O. Box 471
Sewickley, PA 15143-0471

RE: The tariff classification of brass valves from the Czech Republic

Dear Mr. Watson:

In your letter dated February 27, 2003 you requested a tariff classification ruling on behalf of your client Ceodeux Luxembourg. Descriptive information was submitted.

In your submission you indicate that the articles in question are brass valves assembled in the Czech Republic from a number of parts that originate from Luxembourg, Italy, France, Belgium and Germany. Although you do not indicate the type of valves that will be produced, we assume from the presence of a “handwheel” in the submitted parts list that the valves will be hand operated. We also find that the assembly of the listed parts will result in a valve of Czech Republic origin.

The applicable subheading for the hand-operated brass valves will be 8481.80.10, Harmonized Tariff Schedule of the United States (HTSUS), which provides for taps, cocks, valves and similar appliances, hand operated, of copper. The duty rate will be 4 percent ad valorem.

Articles classifiable under subheading 8481.80.10, HTSUS, which are products of the Czech Republic may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", click on “Files”, click on “Search” and then enter a key word search for the term "T-GSP".

With regard to GSP, you request confirmation that entitlement to duty free treatment will be available if the brass valves are shipped from the Czech Republic to the United States via Luxembourg for the purpose of consolidation with other goods. Assuming that the commercial invoices, bills of lading, and other shipping documents show the United States as the final destination of the merchandise, and the brass valves do not enter the commerce of Luxembourg, the brass valves are "imported directly" from the Czech Republic for purposes of qualifying for treatment under the GSP.

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.

Your submission reveals that the brass valves are marked “Made in Europe CZ”. This marking is not acceptable. The imported valves must be marked “Czech Republic” to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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