The tariff classification of a “Timer Cap” from China

NY H89960 April 25, 2002 CLA-2-85:RR:NC:1:112 H89960 CATEGORY: Classification TARIFF NO.: 8531.80.0050 Mr. Alan McCracken International Sourcing Consortium, Inc. 300 Freehill Road Hendersonville, TN 37075 RE: The tariff classification of a “Timer Cap” from China Dear Mr. McCracken: In your letter dated March 20, 2002 you requested a tariff classification ruling. As indicated by the submitted samples and information, the “Timer Cap” is a plastic medicine bottle cap that consists of a plastic housing, a PCB, and a clear plastic seal. In use, this cap is designed to beep and flash as a reminder that it is time to take the prescribed dosage of medication. You have also indicated that the clear plastic seal is a product of the United States that is sent to China for assembly into the finished cap. The applicable subheading for the “Timer Cap” will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric sound or visual signaling apparatus. The rate of duty will be 1.3 percent ad valorem. Since the clear plastic seal is a product of the United States, it is subject to entry under subheading 9802.00.80, HTS, which provides for articles assembled abroad in whole or in part of fabricated components, the product of the United States,… This provision allows for a partial duty exemption for American components assembled within an imported product. 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. In light of the assembly operation performed in China, the “Timer Cap” should be marked “Assembled in China from components of China and the United States”. 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 David Curran at 646-733-3017. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division