NY 893054 - The tariff classification of an aluminum belt from Korea. - United States International Trade Commision Rulings

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NY 893054

December 21, 1993

CLA-2-76:S:N:N3:115 893054

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.90.0080

Mr. Walter Zimmer
Omnitrans Corporation Ltd.
111 Broadway - 17th floor
New York, NY 10006

RE: The tariff classification of an aluminum belt from Korea.

Dear Mr. Zimmer:

In your letter dated December 8, 1993, you requested a tariff classification ruling, on behalf of your client, Paris Accessories Inc., NY, NY.

The subject item is a women's aluminum fashion belt, model PA - 080993. This belt is a multi-linked belt with a round ball at one end.

The applicable subheading for the fashion belt will be 7616.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum: other. The duty rate will be 5.7% ad valorem.

Your query also requests a country of origin marking ruling on the belt. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States. In your situation, the plastic hanger which will be embossed made in Korea is not sufficient to satisfy the marking requirements.

Section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words "U.S.," "American," or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. The term made in Korea will have to appear in gold lettering on the same side as the Harwill New York 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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