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NY B82924




April 9, 1997

CLA-2-90:RR:NC:1:105 B82924

CATEGORY: CLASSIFICATION

TARIFF NO.: 9017.80.0000; 9014.10.9000

Ms. Tammy Locke
Wholesale Supply Company, Inc.
7100 Service Merchandise Drive
Brentwood, TN 37207

RE: The tariff classification of map measurers and a compass from China.

Dear Ms. Locke:

In your letter dated March 5, 1997, you requested a tariff classification ruling.

Model 178155L is a map measurer with compass and model 188155L is a map measurer with light and magnifying glass. Both are used to measure distances on maps. Model 198155L is a magnetic compass with magnifying glass.

The applicable subheading for models 178155L and 188155L will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments for measuring length, for use in the hand. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for model 198155L will be 9014.10.9000, which provides for other direction finding compasses. The rate of duty will be 4.0 percent ad valorem.

We note that models 178155L and 198155L are not legally marked with the country of origin. Model 178155L is marked "Made in Hong Kong" in very small print which makes this information illegible to the ultimate purchaser. Model 198155L does not have any country of origin marking. Therefore, if imported as is, the samples submitted will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the samples would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states that "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 container) will permit."

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

A copy of this 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 this ruling, contact National Import Specialist Eric Francke at (212) 466-5669.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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