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NY B86402




June 17, 1997

CLA-2-09:RR:NC:2:231 B86402

CATEGORY: CLASSIFICATION

TARIFF NO.: 0905.00.0000

Ms. Beth Adams
Phoenixx International Resources, Inc.
533 Washington Avenue
Carnegie, PA 15106

RE: The tariff classification of vanilla beans from Madagascar.

Dear Ms. Adams:

In your letter, dated June 9, 1997, you have requested a tariff classification ruling.

The merchandise is comprised of vanilla beans.

The applicable subheading for the vanilla beans will be 0905.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vanilla beans. The rate of duty will be free.

In your letter you have inquired about acceptable country of origin marking for vanilla beans. A marked sample was not submitted with your letter for review.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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.

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 that is 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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