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NY B85498




May 23, 1997

CLA-2:RR:NC:SP:225 B85498

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9502.10.0020

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 on a Cinderella Bank manufactured in China.

Dear Ms. Hong:

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

You provided a sample of the "Cinderella Bank" which we are returning per your request. The article is constructed of 100% Polyvinyl Chloride. The figure stands approximately 25 CM in height and is made of soft hollow plastic. A coin slot is located in the back of her blue gown and a plug is found underneath her base which permits removal of the coins.

The applicable subheading for the Cinderella Bank will be 9502.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof: Dolls, whether or not dressed, Other: Not over 33 cm in height. This classification is free of duty.

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 "Cinderella Doll" is marked in an inconspicuous manner. The marking "Disney CE China, Chine, Cina," is located on the bottom of the doll 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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