The tariff classification and marking of a stainless steel tray from China

N019480 November 21, 2007 CLA-2-73:OT:RR:E:NC:N1:113 CATEGORY: Classification and Marking TARIFF NO.: 7326.90.8587 Mr. Darrell J. Sekin DJS International Services, Inc. 4215 Gateway Drive, Suite 100 Colleyville, TX 76034 RE: The tariff classification and marking of a stainless steel tray from China Dear Mr. Sekin: In your letter dated November 7, 2007, on behalf of J. Irby DBA American National Supply, Inc., you requested a tariff classification and marking ruling. Copies of photographs of the front and back of the tray were submitted with your letter for our review. The merchandise is described in your letter as a stainless steel tray that measures approximately 6½ inches in width by 9½ inches in length. The tray is made of stainless steel and contains 8 percent nickel. You state that the tray features slots and will be used for carrying medical devices in hospitals or medical offices. The applicable subheading for the stainless steel tray will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of iron or steel, other. The rate of duty will be 2.9 percent 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/. You also requested a ruling on whether the “Made in China” stick-on label securely affixed to the back of the tray is an acceptable country of origin marking. The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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. The proposed marking of the imported stainless steel tray, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported tray. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division