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NY B85497




May 23, 1997

CLA-2:RR:NC:SP:225 B85497

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9503.90.0030

Ms. Lauren E. Hong
The Disney Store, Inc.
101 North Brand Boulevard
Suite 1000
Glendale, California 91203-2671

RE: The tariff classification and country of origin marking of a toy savings bank from China

Dear Ms. Hong:

In your letter dated May 6, 1997 you requested a tariff classification and country of origin marking ruling.

The submitted sample of a "Donald Boat Bank" is made of PVC material and depicts Donald Duck sitting in a rowboat. Behind Donald is a treasure chest which contains a slot. The child can put coins or paper money into the bank through the slot. At the bottom of the bank is a closure that allows the child to open the bank and remove the money. Your sample is being returned as requested.

The applicable subheading for the "Donald Boat Bank" will be 9503.90.0030, 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 free.

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.

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.

The "Donald Boat Bank" is marked in an inconspicuous manner. The marking "Disney CE China, Chine, Cina," is located on the bottom of the boat and appears in the same color print as its background. 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 for the word "China".

This ruling is being issued under the provisions of Part 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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