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NY C84065




March 2, 1998

CLA-2:69:RR:NC:2:227 C84065

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000

Mr. Gary Khamneipur
Thrifty Power Corporation
250 No. Cliffwood Ave.
Los Angeles, CA 90049

RE: The tariff classification and marking of decorative porcelain boxes from France.

Dear Mr. Khamneipur:

In your letter dated February 2, 1998, you requested a tariff classification ruling, in addition to a ruling on whether the proposed marking "Made in France" is an acceptable country of origin marking for the imported porcelain boxes. A marked sample was not submitted with your letter for review.

The subject merchandise consists of porcelain boxes which measure approximately 2 inches by 2 inches by 2 inches. They are imported in various shapes and designs as well as with figures (ranging from animals to flowers) incorporated as the top portion of the boxes.

It is stated that these boxes, consisting of top and bottom porcelain sections (originating in France), will be imported in an unassembled condition into China where they will be assembled together via ring-shape metal bands (originating in China) and then painted (also in China) before being imported into the United States. The essential character of this merchandise is imparted by the unassembled porcelain components of these boxes. The applicable subheading for these decorative porcelain boxes will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain. The rate of duty will be free.

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.

The proposed marking "Made in France" for the imported decorative porcelain boxes is acceptable for Customs purposes upon compliance with the above-stated regulations.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski
Director,

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