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June 10, 1999

CLA-2-68:RR:NC:2:226 E82451

CATEGORY: CLASSIFICATION

TARIFF NO.: 6805.30.5000

Mr. Mike Leahy
A.N. Deringer, Inc.
173 West Service Road
Champlain, NY 12919

RE: The tariff classification and country of origin marking of an abrasive article from France

Dear Mr. Leahy:

In your letter dated May 17, 1999, on behalf of your client, Groupe Precident, you requested a tariff classification and ruling. A representative sample of the item was submitted with your ruling request.

The subject article, which is identified as Dental Eraser -“Clini-dent”, is a three inch dental tool consisting of an abrasive material on a rubber base that is attached to a plastic handle. The abrasive material is in the form of an eraser tip. You indicated that the application of this item would be for dental hygiene use. The eraser is rubbed on the surface of teeth to remove tea, coffee or food stains.

The applicable subheading for the abrasive article on a rubber base will be 6805.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for natural or artificial abrasive powder or grain, on a base of other materials: other. The rate of duty will be free.

Your submission indicates that this product Dental Eraser – “Clini-dent” will be manufactured in France and shipped to Canada for packaging in a blister pack. You indicated that an extra eraser tip and a plastic closure cap would also be included.

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), requires that in any case in which 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, 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 sample you have submitted does not appear to be properly marked with the country of origin. There is no indication of the country of origin on the blister pack. The phrase “Product of France” or “Made in France” should be added to the back of the blister pack, in close proximity to, and in the same size type as “Groupe Precident, Qc Canada.” You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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