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NY D84669




December 1, 1998

CLA-2-92:RR:NC:2:227 D84669

CATEGORY: CLASSIFICATION

TARIFF NO.: 9208.10.0000

Mr. Rick Mosley
Kuehne & Nagel, Inc.
101 Wrangler Dr., Ste. 201
Coppell, TX 75019

RE: The tariff classification and marking of music boxes from China.

Dear Mr. Mosley:

In your letter dated October 5, 1998, on behalf of Tuesday Morning, Inc., you requested a tariff classification and marking ruling. Samples are being returned as requested.

The samples submitted consist of the following music boxes:
a) style number 9400366/M93-098-4, referred to as the Animated Musical Santa's Workshop," which is a plastic replica of Santa's workshop measuring 6 1/2 inches high by 7 inches wide. It has a wood-like base onto which is affixed the figures of Santa holding map, his elves working with tools near work benches, rocking horse and other toys, grandfather clock and Christmas tree. It features a bottom windup musical mechanism which, when wound, plays the tune "We Wish You a Merry Christmas," while activating Santa, the elves and the rocking horse. The front of the base is painted with the wording "Santa's Workshop." b) style number 811293, referred to as the "Musical Santa Snow Globe," which measures approximately 5 1/2 inches high. It possesses a plastic base that is decorated with festive motifs as well as a banner indicating "Merry Christmas." Affixed to the base is a water- filled glass globe containing flakes that float around when item is shaken and Santa figurine, holding a Christmas tree, that is surrounded by wrapped Christmas gifts, toys and candy cane. The bottom of the base incorporates a windup musical mechanism that activates the melody "Here Comes Santa Claus."
c) style number 811118, referred to as the "Musical Snowman Snow Globe," which measures approximately 5 1/2 inches in height. It possesses a plastic base that is decorated with snowmen-like figures. There is also a water-filled glass globe, attached to the base, that contains figurines of two snowmen riding a sleigh dressed in Santa suits and flakes that float around when the article is shaken. The base also incorporates a windup musical mechanism that activates the melody "Frosty the Snowman."
d) style number 811226, referred to as the "Musical Christmas Angels Snow Globe," which measures about 5 1/2 inches in height. It features a plastic base which is decorated with angels praying and a water- filled glass globe that contains two figurines of angels playing musical instruments and flakes that float around when item is shaken. It also possesses a bottom windup musical mechanism that activates the melody "Hark the Herald Angels Sing." e) style number 811230, referred to as the "Musical Christmas Angels Snow Globe," which measures about 5 1/2 inches in height. It features a plastic base that is decorated with festive motifs and a banner with the wording "Merry Christmas." It also possesses a water-filled glass globe that contains flakes that float around when the item is shaken and two angel-like figurines, dressed in traditional Christmas attire, that are surrounded by wrapped Christmas gifts. At the bottom of the base, there is a windup musical mechanism that activates the melody "We Wish You a Merry Christmas."

In regard to the marking of these articles, it is noted that style 9400366/M93-098-4 is printed with the wording "Made in China" in contrasting color at the bottom of the base, while the remaining styles are marked with a securely affixed, stick-on label reading "Made in China" in contrasting color at the bottom of their bases.

The applicable subheading for these music boxes will be 9208.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for music boxes. The rate of duty will be 3.2 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 music boxes, as described above, 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 music boxes.

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 George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski
Director,

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