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February 17, 1999

CLA-2-56:RR:NC:TA:351 D88229

CATEGORY: CLASSIFICATION

TARIFF NO.:5609.00.3000

Ms. Marian Harding Cochran
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a textile napkin ring from India

Dear Ms. Harding Cochran:

In your letter dated February 11, 1999, you requested a tariff classification ruling.

The product is a napkin ring identified as item S62B9276. You ask that we assume it is a product of India. You give no further information on the product. A sample of the ring was submitted and the following observations were made. The ring appears to be made of a plastic material. It is covered with thread wound around the ring to completely obscure the hard plastic form. The thread appears to be of man-made fiber. Attached to the ring by means of an elastic tie is a small folded card. On the outsideof the card, on one side it has the lettering “decorative napkin ring”. On the other outside, it has the lettering “made in India” in lettering approximately 1/16 inch high. The interior of the card has the company name and location: “Atico International Ft. Lauderdale, Fl,” in lettering measuring approximately twice the size of the India marking and in what appears to be bolder type or darker ink.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The marking of imported napkin rings , as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported napkin rings.

The applicable subheading for the napkin ring will be 5609.00.3000, Harmonized Tariff Schedule of the United states, (HTS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope, or cables not elsewhere specified or included, of man-made fibers. The rate of duty will be 6.8 percent ad valorem.

This ruling applies only if the facts assumed above are correct.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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