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NY R04080

June 13, 2006

MAR-2 RR:NC:N1:118 R04080


Mr. Bryan Fournier
P.O. Box 428
Albion, RI 02802-0428


Dear Mr. Fournier:

This is in response to your letter dated June 1, 2006, requesting a ruling on the tariff classification and country of origin marking of decking screws and a screwdriver bit, packaged together with the intent of repacking the items for retail sale. Samples were not submitted with your letter for review.

The merchandise is comprised of 95 stainless steel decking screws packed with one square head screwdriver bit in a plastic bag. The screws are #7 (15/8” in length) or #8 (2” in length), and made of black oxide coated stainless steel. The screws have tapered threads (9 threads per inch) and fluted points. The screwdriver bit is a #2 square head screwdriver bit, measuring 1/4” in diameter and 1” in length, and made of hardened S2 steel. You state that 95 decking screws and 1 bit will be packed together in a plastic bag and the individual bags will be marked with a sticker indicating “Made in China.” The outer master carton, containing 50 bags each, will also be labeled with “Made in China.” The individual screws and the driver will not be marked. You have stated that after importation, these packages will be included in a larger box of fasteners and then sold at retail. According to your submission, the items, at the time of importation, are packaged in a manner suitable for sale directly to users without repacking, each package contains two different articles classifiable in different headings, and they are put up together to carry out a specific activity. Accordingly, the screws and bit are considered a set.

The applicable subheading for the packages containing decking screws and a bit will be 7318.14.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: self-tapping screws, having shanks or threads with a diameter of less than 6 mm: of stainless steel. The rate of duty will be 6.2% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. You have stated that the decking screws and screwdriver bit will not be sold at retail as imported, they will be included in a larger box of fasteners. The ultimate purchaser of the package, which will contain the decking screws with a screwdriver bit, is the consumer who purchases the product at retail. Since the imported item is intended to be repacked in new containers for sale to an ultimate purchaser after release from Customs custody, the importer must comply with the requirements of 19 CFR 134.25, and file a certification statement with the district director at time of entry summary. The certification must indicate that: If the importer does the repacking, the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this part; or If the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR).

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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