The tariff classification of Guanidine Carbonate, CAS # 593-85-1, imported in bulk form, from China

NY L89005 December 27, 2005 CLA-2-2:RR:NC:2:240 L89005 CATEGORY: Classification TARIFF NO.: 2925.20.9000 Ms. Sasha Yang Packaging-Matrix Int’l, Inc. 1860 Osprrey Bluff Blvd. Orange Park, Florida 32003 RE: The tariff classification of Guanidine Carbonate, CAS # 593-85-1, imported in bulk form, from China Dear Ms. Yang: In your letter dated November 22, 2005 you requested a tariff classification ruling. In addition, you requested information regarding the country of origin marking requirements. The subject product, Guanidine Carbonate, is a nonaromatic imine derivative indicated for use in the manufacture of hair care products. The applicable subheading for Guanidine Carbonate will be 2925.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imines and their derivatives; salts thereof: Other: Other….. The rate of duty will be 3.7 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA 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. 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 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 Stephanie Joseph at 646-733-3268. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division