The tariff classification and country of origin marking of the Electronic Flea Comb from China

N266226 July 27, 2015 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Laetitia Auzone Eyenimal Inc World Financial District 60 Broad Street Suite 3502 New York, NY 10004 RE: The tariff classification and country of origin marking of the Electronic Flea Comb from China Dear Ms. Auzone: In your letter dated June 30, 2015, you requested a tariff classification and country of origin marking ruling for imported dog flea combs. A marked sample or a proposed marking example was not submitted with your letter for review. The merchandise in question is referred to as the Electronic Flea Comb. This product consists of a battery operated handheld flea comb with two rows of metal teeth. Once the comb teeth are energized, the user will brush the pet’s hair, allowing fleas to come into contact with the metal teeth and kill them with the electrical current they receive. The applicable subheading for the Electronic Flea Comb 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%. 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Your request did not provide a sample of the Electronic Flea Comb, as it will be imported, therefore we are unable to verify the applicability of the intended marking on the item. 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 Karl Moosbrugger at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division