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NY B87747




July 29, 1997

CLA-2-85:RR:NC:MM:113 B87747

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.32.0020

Ms. Carol A. Garrity
Garrett Hewitt International
147 Broadway
Hawthorne, NY 10532

RE: The tariff classification of eyelash curlers from Korea

Dear Ms. Garrity:

In your letter dated July 16, 1997, you requested a tariff classification ruling.

The merchandise is the Hot Brush Eyelash Curler. It comes packaged for retail sale with a small cleaning brush. The curler is made of plastic, and contains a wire heating resistor in its tip. It is battery-operated.

The applicable subheading for the eyelash curler will be 8516.32.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers, electrothermic hairdressing or hand drying apparatus, other hairdressing apparatus, curlers. The rate of duty will be 3.9 percent ad valorem. We note that they do not mark your sample with the country of origin correctly and in conformity with the regulations, particularly, of 19 CFR 134.46, which requires:

In any case in which the words ``United States,'' or ``American,'' the letters ``U.S.A.,'' any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by ``Made in,'' ``Product of,'' or other words of similar meaning.

We suggest that, before importing the goods, you contact your local Customs port for advice on the correct marking of imported products.

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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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