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NY B85985




June 23, 1997

CLA-2-39:RR:NC:SP:222 B85985

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

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

RE: The tariff classification of a plastic photo album from China.

Dear Ms. Hong:

In your letter dated May 23, 1997 you requested a tariff classification ruling.

The submitted sample is identified as "Simply Pooh Photo Book". This photo book consists of numerous plastic pocket pages permanently bound within a fabric and plastic covered paperboard covers. The covers are decorated with printed pictures of "Winnie The Pooh".

This sample is being returned as requested.

You also requested information on the proper marking of the photo book style, Simply Pooh. The photo album may be marked in a conspicuous place on the cover.

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 legible, 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.

With regard to the permanency of a marking, section 134.41 (a), Customs Regulations (19 CFR 134.41 (a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The applicable subheading for the photo book will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

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 Masterson at 212-466-5892.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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