The tariff classification of Monster Screen Cleaner Kit from USA, Korea, China

NY M87754 February 2, 2007 CLA-2-34:RR:NC:2:236 M87754 CATEGORY: Classification TARIFF NO.: 3402.20.5100 Mr. John Manalo Monster CableProducts, Inc. 455 Valley Drive Brisbane, CA 94005 RE: The tariff classification of Monster Screen Cleaner Kit from USA, Korea, China Dear Mr. Manalo: In your letter dated October 20, 2006 you requested a tariff classification ruling. Our laboratory analyzed the sample you submitted. Based on our laboratory analysis of your screen cleaner chemical we agree with your proposed classification for the Monster Screen Clean. The applicable subheading for the Monster Screen Cleaner Kit will be 3402.20.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for organic surface active agents (other than soap) surface active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: preparations put up for retail sale: other. The rate of duty will be free. The Explanatory Notes of the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are prima facie, classifiable in different headings: (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the articles. This office considers the Monster Screen Cleaner Kit to be a set for tariff classification purposes, with the essential character imparted by the Monster Screen Clean. The Monster Screen Clean of U.S. origin will be eligible for entry as American Goods Returned, provided the documentary requirements of 19 C.F.R. §10.1 are satisfied. The applicable subheading for the Monster Screen Clean will be 9801.00.1097, Harmonized Tariff Schedule of the United States (HTSUS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: other: other. Products in subheading 9801.00.1097 are free of duty. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S. 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/. 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 Debra Wholey at 646-733-3034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division