The tariff classification and marking of an Electronic Pet Feeder from China

N300627 October 5, 2018 CLA-2-85:OT:RR:NC:N4:410 CATEGORY: Classification and Marking TARIFF NO.: 8509.80.5095 Ms. Laetitia Auzone Eyenimal Inc. World Financial District 60 Broad Street, Suite 3502 New York, NY 10004 RE: The tariff classification and marking of an Electronic Pet Feeder from China Dear Ms. Auzone: In your letter dated September 18, 2018, you requested a tariff classification and marking ruling. A sample was not submitted for review. The merchandise under consideration is identified as a Small Pet Feeder. The feeder is an electromechanical domestic appliance with a self-contained electric motor. Based on the information provided, the Small Pet Feeder consists of an ABS plastic tank with a bowl attached at the bottom. The feeder weighs 2.1 kgs. and measures approximately 245 mm long by 300 mm wide by 380 mm high. The literature states that the feeder can be programed, using the integrated LCD control panel settings to automatically dispense up to 12 portion-controlled meals per day. The feeder is designed to dispense up to 1.7 kgs. of kibbles and powered by 3 D batteries (not included). The applicable subheading for the Electronic Pet Feeder will be 8509.80.5095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, parts thereof: other appliances: other: other. The rate of duty will be 4.2 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 the World Wide Web at https://hts.usitc.gov/current. 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. 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division