The tariff classification and marking of an infrared remote control from China.

N152536 March 29, 2011 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Harry GibbensDEAFWORKS P.O. Box 1265 Provo, UT 1265 RE: The tariff classification and marking of an infrared remote control from China. Dear Mr. Gibbens: In your letter dated March 7, 2011, you requested a tariff classification ruling. No sample was provided. The item concerned is referred to as the VP REMOTE, a handheld infrared remote control device designed for use with videophone equipment. The remote control incorporates a variety of control buttons, including a telephone-like keypad. The remote allows a user to control and operate a particular model of videophone, which you indicate is marketed exclusively to deaf and hard of hearing individuals. The remote is powered by two AA batteries. The applicable subheading for the VP REMOTE will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6%.In your submission you inquire as to the appropriate method for marking in respect to the remote control’s country of origin. You specifically ask if the use of an adhesive label indicating the remote control is a product of China sufficient to meet the requirements of the marking statute. 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. Consequently, provided the adhesive label is legible, and is sufficiently permanent so that it will remain on the VP REMOTE until it reaches the ultimate purchaser, it is an acceptable country of origin marking for the article.Regarding your proposed secondary classification in 9817.00.96, HTSUS, We are returning your request for a ruling and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below: Examining the picture you provided of your import, all the buttons appear to be useful to anyone who is remotely controlling a video phone connection. What significant electronic/physical features (not including stickers and imprinted logos), if any, make this item commercially unfeasible for sale to non-deaf users of a video phone system? Who is the maker in China? Do they produce only items for the deaf? If not, as far as you know, do they sell any remotes for video phone systems for the non-deaf? If so, what, if any, are the differences between those items and your item? In general, what features, if any, of your import make it “specially designed or adapted” for the deaf and of, at most, fugitive use to the non-deaf? If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically. 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 9817.00.96 status of the items, contact National Import Specialist J. Sheridan at (646) 733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Steven Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division