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NY 868538




November 27, 1991

CLA-2-96:S:N:N1:231 868538

CATEGORY: CLASSIFICATION

TARIFF NO.: 9613.20.0000

Ms. Carol A. Garrity
Garrett-Hewitt Intl., Inc.
901 No. Broadway
No. White Plains, N.Y. 10603

RE: The tariff classification of a piezo electric pocket butane fueled cigarette lighter with a built-in battery operated quartz digital clock from Taiwan.

Dear Ms. Garrity:

In your letter dated October 31, 1991 you requested a tariff classification ruling.

The product, "Water Drop 2 in 1 Piezo Lighter", is a tear shaped piezo electric butane fueled pocket cigarette lighter with a built-in battery operated quartz digital clock.

The applicable subheading for this piezo electric butane fueled pocket cigarette lighter with a built-in clock will be 9613.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof other then flints or wicks: pocket lighters, gas fueled, refillable. The rate of duty will be 9 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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

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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