United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J87300 - NY J87354 > NY J87334

Previous Ruling Next Ruling
NY J87334

August 6, 2003

CLA-2-92:RR:NC:2:227 J87334


TARIFF NO.: 9205.90.4040

Ms. Paula Girod
E.R. Hawthorne & Co., Inc.
Customs Brokers
9370 Wallisville Road
Houston, TX 77013

RE: The tariff classification and marking of a saxophone set from China.

Dear Ms. Girod:

In your letter dated July 9, 2003, on behalf of Vanguard S.Y. Music Co., you requested clarification on the tariff classification and marking ruling in NY J86298 dated July 1, 2003.

The subject merchandise in the above-stated ruling was a set consisting of a alto saxophone with a fitted molded plastic carrying case that also contains a pair of white cotton gloves, a cleaning cloth, a cleaning tool, and a neck strap, noting the submitted components of this set were missing the country of origin marking.

You presently inquire whether all the aforementioned articles packed with the alto saxophone in the fitted plastic carrying case are classifiable under the same subheading as the saxophone.

As previously ruled, the applicable subheading for the alto saxophone with its gloves, cleaning cloth, cleaning tool, and neck strap, all in a fitted carrying case, will be 9205.90.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other wind musical instrumentsother: woodwind instruments: other, saxophones. The rate of duty will be 4.9 percent ad valorem.

In regard to the proper marking of the merchandise, 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Therefore, the saxophone and the fitted plastic carrying case, as well as clear plastic bag(s) that must contain and secure the gloves, cleaning cloth, cleaning tool, and neck strap, should be conspicuously, legibly and permanently marked in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to the textile articles of this saxophone set.

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 George Kalkines at 646-733-3028.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: