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NY 896817




May 5, 1994

CLA-2-95:S:N:N8:225 896817

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.6000; 7117.90.4000; 3924.90.5500

Mr. Robert C. Miller
John C. Carr & Son Inc.
400 Tradeport Blvd., Suite 408
Atlanta, Georgia 30354

RE: The tariff classification of toy balls, imitation jewelry, sand timers and paddle ball from China, Taiwan and Hong Kong

Dear Mr. Miller:

In your letter dated February 1, 1994, received in this office on April 7, 1994, you requested a tariff classification and marking ruling on behalf of Smilemakers, Inc.

Four samples were submitted with your inquiry. The first article is called a "Glow-In-The-Dark Super Ball" identified as item #32. The rubber balls have a diameter of approximately 1 inch. They are stamped to leave an impression of the country of origin on each ball. This impression, however, does not conform to the marking requirements of Section 304 of the Tariff Act of 1930 as amended (19 U.S.C. 1304). The marking statute 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. In this instance the balls contain a "blind" marking which is barely visible upon close examination. Marking such as this is inconspicuous and unacceptable. One possible alternative would be to stamp the balls in a contrasting color.

Item #01 is referred to as a "Spring Bracelet". The bracelet comes in bright neon colors and is made of plastic. You indicate in your letter that the product will be imported in poly bags containing 10 dozen bracelets. The poly bags will have a stick on label bearing the country of origin. This method of marking is not acceptable. Each bracelet must be individually marked with the

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country of origin because the ultimate consumer will not be purchasing these items in bulk.

The next aritcle, identified by item #712, is a "Sand Timer". The timer is made of plastic and contains sand in an enclosed tube. When turned upside down the sand passes through a narrow opening at the center into the bottom portion of the tube. It takes approx- imately 3 minutes for the sand to pass from top to bottom. Each timer is marked with the country of origin by raised letters located at each end.

The last item, #CTN/015, is a "Paddle Ball" which consists of a wooden paddle with a rubber ball attached by a long piece of elastic. The article will be packaged in a bag with cardboard header. The header, as well as the wooden paddle, are marked with the country of origin in contrasting colors.

The proposed marking of the "Sand Timer" and "Paddle Ball", as described above, is conspicuously, legibly and permanently marked in satisfaction of 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 good.

The applicable subheading for the "Glow-in-the-Dark Super Ball" and the "Paddle Ball" will be 9503.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the "Spring Bracelet" if valued not over 20 cents per dozen pieces will be 7117.90.4000, HTS, which provides for imitation jewelry: other: valued not over 20 cents per dozen pieces or parts. The rate of duty will be 7.2 percent ad valorem. If the bracelets are valued over 20 cents per dozen pieces then the correct classification will be 7117.90.5000, HTS, which provides for imitation jewelry: other: valued over 20 cents per dozen pieces or parts. The rate of duty will be 11 percent ad valorem.

The applicable subheading for the "Sand Timer" will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other. The rate of duty will be 3.4 percent ad valorem.

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

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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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