The tariff classification and country of origin marking of LED task light from China

N235983 December 28, 2012 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification, Marking TARIFF NO.: 8513.10.4000 Mr. Tom Christianson ShowerTek, Inc. 2775 Napa Valley Corp. Drive Napa, CA 94558 RE: The tariff classification and country of origin marking of LED task light from China Dear Mr. Christianson: In your letter dated November 30, 2012, you requested a tariff classification ruling. The item is identified as the HugLight, high intensity neck light. The HugLight is a flexible U-shaped tube with two flexible arms of equal length. The HugLight is comprised of polyurethane foam over a wire core. The U-shaped light features a magnetic middle section that allows the light to stand. Located at the end of each arm there is a LED (light emitting diode) bulb under a clear lens. Each light head is activated by a switch powered by a 3 AA batteries housed in an ABS plastic compartment. The HugLight is designed to be curled around or draped over various objects and to be worn on a person, for hand-free lighting purposes. The applicable subheading for the HugLight, high intensity neck light will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos)"¦: Lamps: Other." The general rate of duty will be 3.5 percent ad valorem. You have also inquired about the marking of the HugLight, high intensity neck light. A sample was not submitted with your letter. 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 easily marking 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. 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 Hope Abada at (646) 733-3016. Sincerely, Thomas J. Russo Director National Commodity Specialist Division