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NY A86504



September 6, 1996

CLA-2-39:RR:NC:TP:343 A86504

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Mr. Richard Tinelli
Mastercargo Inc.
161-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of flat plastic drinking straws from France.

Dear Mr. Tinelli:

In your letter dated August 7, 1996, on behalf of Holinail, you requested a tariff classification ruling.

You have provided samples and a brochure on certain plastic flat drinking straws. They are known in French as "Flutes de Pan." The straws are made from flat corrugated sheets of plastic with open channels running from one end to the other. The liquid is sucked through the channels. The straws are in various shapes such as a human form and shaped like a picket in a picket fence.

These straws do not qualify as festive, carnival or other entertainment articles in heading 9505, HTS.

The applicable subheading for the flat straws will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles of plastics, tableware and kitchenware, other. The rate of duty will be 3.4 percent ad valorem.

You also inquire about the marking of these straws. 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.

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.

Either the straw or its sealed container must be marked "Made in France" whether the item is sold in party /novelty stores or at fast food chains.

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 R. Masterson at 212-466-5892.

Sincerely,


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