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NY 810793




June 23, 1995

CLA-2-42:S:N:N5:341 810793

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9040

Mr. Wayne Brownworth
Kamden Int'l Shipping, Inc.
P.O. Box 300123 JFK AMF
Jamaica, NY 11430

RE: The tariff classification and marking of vinyl jewelry boxes from China.

Dear Mr. Brownworth:

In your letter dated May 23, 1995, on behalf of Rocket Jewelry Box, Inc., you requested a ruling addressing the acceptability of the country of origin marking as it pertains to the samples submitted.

You have submitted two dozen jewelry boxes composed of an exterior and interior surface of vinyl plastic. They measure approximately 3" x 1 3/4" x 2". The boxes are of a kind normally sold at retail sale with their contents. The individual jewelry boxes are marked with the country of origin by means of a sticker label which reads "Box Made in China", "Rocket N.Y.C." in comparable size and print. You propose that the outer grey carton containing the twelve individual boxes be marked and all of the individual boxes not be marked.

Each jewelry box must be marked to comply with Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), which 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. The retail purchaser is the ultimate purchaser.

The individual sticker label is acceptable provided that the adhesive is of such a nature that if removed it will leave a damaging mark. The instant pressure sensitive label is not as permanent as the article will permit.

The applicable subheading for the jewelry boxes of vinyl plastic will be 4202.92.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases...; traveling bags..., jewelry boxes and similar containers, with outer surface of sheeting of plastic, other, other. The rate of duty will be 19.8 percent ad valorem.

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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