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NY R03291

March 7, 2006

CLA-2-85:RR:NC:N1:112 R03291


TARIFF NO.: 8543.89.9695

Gary J. Magratten,
R & D Engineer
26901 Ridge Rd.
Willits, CA 95490-8495

RE: The tariff classification of a generator from Russia

Dear Mr. Magratten,

In your letter dated February 14, 2006, you requested a tariff classification ruling and marking information.

The item concerned is the Vortex Heat Generator (VHG). It is a Pulsed-DC motorized generator that produces heat by rotating fluid.

The purpose of the VHG is to provide heat that can be transmitted via heat exchangers to affect the temperature in specific areas.

The applicable subheading for the Vortex Heat Generator (VHG) will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere ... : Other machines and apparatus: Other: Other: Other: Other: Other”. The rate of duty will be 2.6%.

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.

This ruling is being issued under the provisions of Parts 134 and 177 of the Customs Regulations (19 C.F.R. 134, 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 Richard Laman at 646-733-3017.


Robert B. Swierupski

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