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NY N021945




January 29, 2008

CLA-2-85:OT:RR:E:NC:N1:108

CATEGORY: CLASSIFICATION

TARIFF NO.: 8523.40.4000

Mr. John T. Reich
Cataract Customhouse Brokerage, Inc.
2094 Grand Island Blvd.
Grand Island, NY 14072

RE: The tariff classification and marking of an apprentice doctor kit from South Africa.

Dear Mr. Reich:

In your letter dated January 11, 2008, on behalf of Anton Scheepers / The Apprentice Corporation, you requested a tariff classification and marking ruling.

The merchandise in question is referred to as “The Apprentice Doctor How to Stitch-Up Wounds Suturing Course and Kit,” which is an educational kit for the instruction of suturing wounds. The subject kit is composed of CD-ROM software and the following simulated medical instruments: needle holder, small and medium scissors, scalpel, skin hooks, pointed probe, rat-toothed tissue forceps, flat forceps, imitation skin sheet, rolls suture thread, needles for suturing, piece of string, pair of gloves, marker pen, plastic ruler, and black instrument case. The CD-ROM software contains interactive instructions and data on basic medical suturing procedures. Furthermore, this kit is not designed as a toy for the amusement of children, but rather as a teaching tool for young students interested in medicine.

At the time of importation, this apprentice doctor kit is packaged for retail sale. It has been determined that the subject merchandise is a set for tariff classification purposes, and that the CD-ROM imparts the essential character of this set.

In your letter, you suggest classification under subheading 8523.40.2010, Harmonized Tariff Schedule of the United States (HTSUS); subheading 8523.40.20, HTSUS, however, provides for recorded optical media for reproducing phenomena other than sound or image. Since the CD-ROM in question can reproduce both sound and image, subheading 8523.40.2010, HTSUS, is inapplicable.

The applicable subheading for the “Apprentice Doctor How to Stitch-Up Wounds Suturing Course and Kit,” will be 8523.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Discs, tapes, solid-state non-volatile storage devices, "smart cards" and other media for the recording of sound or of other phenomena, whether or not recorded Optical Media: Recorded optical media: Other: For reproducing representations of instructions, data , sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. The rate of duty will be Free.

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.

     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.

      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. In this case, the ultimate purchaser of the apprentice medical kit is the consumer who purchases the product at retail.

      An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the country of origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the apprentice medical kit by viewing the container in which it is packaged, the individual marking of each component would be excepted from marking under this provision.

      In this case this office is of the opinion that the exception of marking of the individual components of the kit should be allowed pursuant to 19 CFR 134.32(d), as it is highly unlikely that the components will be removed from the imported packaging. In order for 19CFR 134.32(d) exception to apply, the apprentice medical kit must be properly marked to indicate the country of origin. The imported packaging, sold at retail, should indicate the country of origin of all internal components.

You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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 Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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