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NY K85596

May 20, 2004
CLA-2-39:RR:NC:SP:221 K85596


TARIFF NO. 3924.10.4000

Ms. Edith Tolchin
EGT Global Trading
P. O. Box 231
Florida, NY 10921

RE: The tariff classification and marking requirements of silicone trivets from China, Taiwan or Hong Kong.

Dear Ms. Tolchin:

In your letter dated April 26, 2004, on behalf of your client Jude C. Tan, you requested a classification ruling.

You have submitted three samples of style “GOCON” trivets, small, medium and large. The trivets are made of high temperature silicone. The trivets have interlocking ability similar to puzzle pieces. The trivets will be used under hot dishes or pans to protect the table surface. The samples will be returned as you requested.

The trivets are made of silicone, which you describe as a rubber material. Note 4 to Chapter 40, Harmonized Tariff Schedule of the United States (HTS), describes synthetic rubber as applying to unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which, at a temperature between 18 and 29 degrees Centigrade, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1-1/2 times their original length. Silicone is not unsaturated, and thus is not cross-linkable with sulfur. Therefore, silicone is not considered to be rubber for tariff classification purposes.

The applicable subheading for the silicone trivets will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 percent ad valorem.

You also asked what labeling/marking documentation would be required if raw materials (silicone and/or other chemicals) for this product are produced in one country of Asia and then shipped into a different country in Asia for manufacturing and assembly.

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.

You requested advice concerning labeling and marking if the raw materials for this product were shipped into a different country in Asia, e.g., Taiwan, China or Hong Kong, for manufacture and assembly. The country where the raw materials are substantially transformed into a trivet will determine the country of origin of the article.

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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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