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NY 808376




April 21, 1995

CLA-2-90:S:N:N3:114 808376

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9006.53.0080

Mr. Jack Ryan
3M Transportation Department
3M Center
P.O. Box 33250
St. Paul, MN 55133-3250

RE: The tariff classification and country of origin marking of a disposable camera from China

Dear Mr. Ryan:

In your letter dated March 21, 1995 you requested a ruling on the tariff classification and country of origin marking of a disposable camera.

The 3M Scotch Color Print Film and Camera is a disposable 35 mm camera with 27 exposures. The camera does not contain a built- in flash unit. This disposable camera is also referred to as a outdoor single use camera.

The applicable subheading for the disposable cmaera will be 9006.53.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other cameras, for roll film of a with of 35 mm, other. The rate of duty will e 2.4 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.

You propose marking the disposable camera "Made in China with 3M film". This information will be printed on the cardboard packaging in which the plastic camera is sealed.

The proposed marking is unacceptable. The country of origin
marking should indicate the country of origin of the imported article which, in this case, is a 35 mm camera. The words "with 3M film" do not impart country of origin information. The imported article, the disposable camera, should be marked "Made in China" on the sealed cardboard packaging.

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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