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NY 845012




CLA-2-39:S:N:N3G:343 845012

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 3924.90.5000

Mr. Jonathan Schapiro
Omni-Stand
17 Village Hill Lane, Suite 8
Natick, MA 01760

RE: The tariff classification and proper marking of a display stand from England.

Dear Mr. Schapiro:

In your letter dated August 14, 1989, you requested a tariff classification and marking ruling. Samples are being returned as requested.

The submitted samples are five plastic black components (a support arm, a locking arm, two bottom grooves and a bar pin for the grooves) of which each component will be imported in specified quantities (all inclusive in one shipment) to be later assembled to form a display stand, referred to as the "Grandstand." It is stated that these stands will be used in the household to display plates and bowls, for instance, on table-tops in the kitchen or lounge.

The applicable subheading for the unassembled display stand will be 3924.90.5000, 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.

In reference to your inquiry on the proper marking of this shipment, it is to be noted that each component type will be imported in separate corrugated shipping boxes and then assembled to be repacked for wholesale/retail sale.

With regards to the proper marking requirements, the following Customs Regulation 134.11 reads:

Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States.

Furthermore, in accordance with Customs Regulation 134.13, when an imported article is repacked or manipulated, it shall be marked with the name of the country of origin at the time of its withdrawal for consumption.

Based on the above, this office feels (noting the merchandise will be assembled, repacked and sold in your depicted packaged box for wholesale/retail use) that the packaged box should be so marked as to be in compliance with the above-stated regulations. Further, with respect to the marking of your shipping boxes, it is generally required that these boxes are also marked with the country of origin of their contents.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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