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NY K85605

May 5, 2004

MAR-2 RR:NC:1:118 K85605


Ms. Rene Debrunner
Vantage International Forwarding Ltd.
11222 La Cienega Boulevard
Suite 535
Inglewood, CA 90304


Dear Ms. Debrunner:

This is in response to your letter dated April 23, 2004, on behalf of Excelta Corp., requesting a ruling on the classification of (unfinished) pliers blank and marking of the finished pliers. Two samples were submitted with your letter for review.

The pliers in question will be imported from Italy as a “blank”. The finishing process in the United States involves turning the tool on a lathe, belt grinding finish, hand-deburring and fitting the final product with grips and springs.

The applicable subheading for the pliers blank will be 8203.20.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar tools, and parts thereof: other: other (except parts): pliers. The rate of duty will be 12¢/doz. + 5.5% ad valorem.

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. In addition, the Customs Regulations at Section 134.43 (19 CFR 134.43), require pliers to be marked by die stamping, cast-in-mold lettering, etching, engraving, or by means of metal plates which are secured to the article by welding, screws, or rivets.

You requested what country is required to be marked on the final product that was imported from Italy and processed in the United States. In this case, the imported pliers are not substantially transformed as a result of the U.S. processing previously described and the country of origin to be marked on the pliers is Italy.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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