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NY 810685




June 9, 1995

CLA-2-42:S:N:N5:341 810685

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.9000

Mr. Robert Dubis
Ontario Sports Products
P.O. Box 866
Uxbridge, Ontario,
Canada L9P 1N2

RE: The tariff classification and marking of a ski goggle case from Canada.

Dear Mr. Dubis:

In your letter dated May 11, 1995 you requested a Customs decision as to the classification and proper marking of a ski goggle case.

The sample submitted is a specially shaped and fitted container for a pair of ski goggles. The article is manufactured of molded plastic and similar to a camera case in design. It measures approximately 8 1/2" x 5" x 4 1/2. The item is blind marked "Made in Canada" on the exterior bottom portion.

The applicable subheading for the ski goggle case of molded plastic will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, camera cases and similar containers, other, other, other. The rate of duty will be 20 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 a 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 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.

Part 134, Customs Regulations (19 CFR 134) requires in part that when an origin other than the correct country of origin is shown, the correct country of origin must be with in close proximity and comparable print.

The sample submitted is imprinted on the front with the words "Fortress Mountain". It is recommended that the country of origin marking be permanently and conspicuously shown on the interior bottom portion so that it would be legible to the ultimate purchaser.

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
New York Seaport

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