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NY A80404




March 15, 1996

CLA-2-95:RR:NC:FC: 225 A80404

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0030

Ms. Laura Giarraputo
C-Air International, Inc.
11222 S. La Cienega Blvd., Suite 100
Inglewood, CA 90304

RE: The tariff classification of bead craft kits from China

Dear Ms. Giarraputo:

In your letter dated February 8, 1996, received in this office on February 15, 1996, you requested a tariff classifi-cation ruling on behalf of your client Lisa Frank, Inc.

The articles submitted, "Bead Mania Kits", are identified as item numbers P904, P824, P867, P791, P703 and P926. Each kit consists of assorted plastic beads, string, elastic and instructions. A vast array of items can be created with the craft sets, i.e., necklaces, pins, earrings, bracelets, rings and the like.

Item #P904 identifies a "Bucket of Beads" which includes the bead kit in a transparent bucket with handle measuring 4" in height. Item #P824, "Party Favors" is composed of four mini bead sets packaged on one blister card. Article #P867, "Glitter & Glassy Bead Mania", displays its contents in a sectioned plastic tray. Item #P791, "Bead Set", is a small bead set in a plastic tray. Product #P703, "Bead Mania", stores the bead kit in a sectional tray within a colorful cardboard box. Article #P926, "Bucket of Beads", identifies a plastic bucket with handle and measures 5" in height. The bucket holds beads, string and instructions.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

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.

Item's #P904 and #P926 - "Bucket of Beads" are marked in an inconspicuous manner. The marking "Made in China" appears in the same color print as its background. Additionally, the letters are of a much smaller size than the U.S. address "Tucson, Arizona" found printed above it. Marking in this fashion does not conform to the marking requirements of Section 304 of the Tariff Act of 1930 as amended (19 U.S.C. 1304). The lack of using a contrasting color in type results in a "blind" marking which is barely visible upon close examination. It is suggested that this marking be made more conspicuous by using, for example, a contrasting color and a larger print which is comparable in size to the "Tucson, Arizona" address. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

The marking indicated on items #P824 - "Party Favors", #P867 - "Glitter & Glassy Bead Mania", #P791 - "Bead Set" and #P703 - "Bead Mania", satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported craft sets.

The applicable subheading for the "Bead Mania Kits", item numbers P904, P824, P867, P791, P703 and P926, described above, will be 9503.70.0030, Harmonized Tariff Schedule of the

United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof: other: other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice J. Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director,

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