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NY 855823


September 9, 1990

CLA-2-90:S:N:N1:114 855823

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.10.0000

Ms. Ginni Brown
Apple Marketing, Inc.
618 Shoemaker Road
King of Prussia, Pennsylvania 19406

RE: The tariff classification of sunglasses from Taiwan.

Dear Ms. Brown:

In your letter dated August 27, 1990, you requested a tariff classification ruling.

The items for which you request a classification are sunglasses. The sunglasses are made of rubber, with polycarbonate unbreakable lenses. Two samples were submitted. The sunglasses appear to be used for promotional purposes, since the samples have company logos printed on the outer portions of the temples.

The applicable subheading for the sunglasses will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for sunglasses. The rate of duty will be 7.2 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Regarding your question on the country of origin marking, sunglasses may be marked in various ways. They may be marked by die-stamping, cast-in-the-mold lettering, etching (acid or electrolytic), or ink-stamping. Also acceptable marking for sunglasses is an adhesive label or a hangtag, provided that they are securely attached and sufficiently permanent so that they will remain on the article until it reaches the ultimate consumer. The sunglasses may be marked in any area that will ensure that the country of origin marking is clear and conspicuous.

On the samples that you submitted, the country of origin marking is not acceptable because it is not clear and conspicuous. The marking should be in a contrasting color so that it will be readily visible. The size and location of the marking (on the inner portion of the temple, or sidepiece) is acceptable.
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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