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NY 811716




July 11, 1995

CLA-2-82:S:N:N3:119 811716

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 8213.00.9000; 8214.20.3000

Mr. Alvin Silvey
Silvey Shipping Co., Inc.
Bldg. 75 - North Hangar Road - Suite 211
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification and country of origin marking of scissors and manicure/pedicure implements from France

Dear Mr. Silvey:

In your letter dated June 7, 1995, you requested a tariff classification and marking ruling on behalf of Robert & Miles Inc., Ridgewood, NJ.

The articles to be imported are nail scissors (catalog no. 1492X), cuticle scissors (109310D), nail files (05310 & 07llLI), nail cleaner/cuticle pusher (16B & 0720ST), and nail clippers (09950).

The applicable subheading for the scissors will be 8213.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for scissors, tailors' shears and similar shears... valued over $1.75 per dozen... other. The rate of duty will be 9.3 cents each plus 9.3 percent ad valorem.

The applicable subheading for the nail files, nail cleaner/cuticle pushers and nail clippers will be 8214.20.3000, HTS, which provides for manicure or pedicure sets and instruments (including nail files), and parts thereof: cuticle or cornknives, cuticle pushers, nail files, nailcleaners, nail nippers and clippers, all the foregoing used for manicure or pedicure purposes, and parts thereof. The rate of duty will be 7.2 percent.

Regarding the marking of the merchandise, the regulations require that 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 container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S the English name of the country of origin of the article. In addition, Section 134.43 (a) of the Customs Regulations requires that certain articles such as dental instruments be marked by means of die stamping, cast-in-mold lettering, etching, engraving, or by affixing metal plates to the article.

We cannot issue a marking ruling since you have not indicated the type of marking you plan to use. You may wish to discuss the matter with the Import Specialist at the port where the merchandise will be imported or apply for a ruling on a specified form 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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