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NY C86461




May 12, 1998

MAR-2 RR:NC:TA:341 C86461

CATEGORY: MARKING

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
P.O. Box 646
Wood Dale, IL 60191

RE: THE COUNTRY OF ORIGIN MARKING AND CLASSIFICATION OF A LEATHER CREDIT CARD CASE WITH CHECKBOOK HOLDER FROM CHINA.

Dear Mr. Unger:

This is in response to your undated letter, received in this office April 7, 1998, on behalf of Hanig & Company requesting a ruling on whether the proposed marking as submitted is an acceptable country of origin marking for the imported credit card case with checkbook holder. A marked sample was submitted with your letter for review.

The sample submitted, style P62, is a bifold credit card case with check book holder of leather.

The article will be imported packed in a plastic sleeve which is inserted into a gift box which is then wrapped in gift wrap. The gift wrapped article is then packed into a re-mailer box which is assumed to be sealed on presentation to customer. Your sample is being returned as you requested.

The credit card case with checkbook holder will be classified within subheading 4202.31.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of leather, of composition leather or of patent leather, other. The duty rate will be 8 percent ad valorem.

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 of the imported credit card case with checkbook holder, as described above, in the re-mailer box, if sealed and marked with a permanent label in comparable print as now submitted, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported wallet.

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 Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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