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NY 895576




April 5, 1994

CLA-2-90:S:N:N3:114

CATEGORY: MARKING

TARIFF NO.: 9004.10.0000

Ms. Janet Klosterman
Sekin Transport International
P.O. Box 655464
Dallas, Texas 75265-5464

RE: The marking of plastic sunglasses with visors from Hong Kong

Dear Ms. Klosterman:

In your letter dated February 23, 1994, on behalf of Charles Irwin, you requested a ruling on country of origin marking of sunglasses with visors.

Two samples were submitted with your request for a marking ruling. These samples are representative of the goods which will be imported. The flip-down sunglasses and visors are composed of plastic. There is a textile cord attached to the visor to allow the visor to hang from the wearer's neck. The applicable subheading for the plastic sunglasses with visors 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.

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.

The submitted samples have the marking "Made In Hong Kong" molded on the left side of the visor. The lettering is approximately one sixteenth of an inch in height, and is in non- contrasting color. This marking is inconspicuous and does not satisfy the marking requirements of 19 U.S.C. 1304(c).

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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