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NY 888305




July 20, 1993

CLA-2-73:S:N:N3:113 888305

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9000

Mr. Kenneth J. Becker
SafeWorld International, Inc.
7352 Adams Road
Talent, OR 97540-9720

RE: The tariff classification of extension poles from Italy

Dear Mr. Becker:

In your letter dated July 9, 1993, you requested a tariff classification ruling.

The merchandise is an extension pole for use with paint rollers, window squeegees, sanding blocks, and so forth. The pole is made of steel and has a plastic black screw portion on one end and a plastic cap with a hole at the other. You have also asked for advice on the correct marking of the item. At present, the pole is marked along the band of the plastic screw portion in non-contrasting color with the words: "Made in Italy."

The applicable subheading for the extension pole will be 7323.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel, other. The rate of duty will be 3.4 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will."
After examining the merchandise, it is our opinion that the present marking is not sufficient. If we had not been directed to the marking by your letter, we would not have found it. It is in non-contrasting color and in a size which makes it inconspicuous. We cannot recommend a method of marking because we do not know the condition of the merchandise as imported. We note that there is a partially obliterated label on the pole. We do not know what information had been on it, but some information would affect the marking requirements. For example, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appears on a imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears.

We recommend that you contact the Import Specialist at the District of proposed importation for his advice as to acceptable methods of marking.

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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