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NY E85237




August 3, 1999

CLA-2-73:RR:NC:1:115 E85237

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.20.0050, 9705.00.0090

Mr. Paul M. Farrell
Innovative & Creative Products International, Inc. Australian Administration & Sales Office
P.O. Box 367 Robina Qld. 4226 Australia

RE: The tariff classification of key chains and preserved insect collections from Thailand and the Philippines.

Dear Mr. Farrell:

In your letter dated July 14, 1999 you requested a tariff classification ruling.

Samples of key chains and a preserved insect in a synthetic frame were submitted. The key chains are made up of resin fob attached to a metal key chain and a split metal ring. Encased in the fob are insects or arachnids such as scorpion, spider, green beetles. The articles in the synthetic frames are butterflies, other insects or arachnids.

The applicable subheading for the key rings will be 7326.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of iron or steel wire..Other. The rate of duty will be 3.9% ad valorem. Please note merchandise from Thailand would be free of duty under the Generalized System of Preferences (GSP).
The applicable subheading for the preserved insect in a synthetic frame will be 9705.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Collections and Collector’s pieces of zoological, botanical, mineralogical, anatomical, historical, archeological, paleontological, ethnographic or numismatic interest...Other. The rate of duty will be Free.

In your ruling request you are concerned with the marking of the Country of Origin for the key rings. The attempt to cast the Country of Origin on the resin fob has not been successful as the polishing process has buffed the name off. You cite Section 134.32 (a) of the Customs Regulations “Articles that are incapable of being marked” and would like the key rings to be exempt from marking based on the above. However, there are alternative methods of marking that would meet the requirements of Section 304. Section 134.44 lists other acceptable methods of marking as follows: (a) Other acceptable methods. Except for articles described in Section 134.43 of this part or the subject of a ruling by the Commissioner of Customs, any method of marking at any location insuring that country of origin will conspicuously appear on the article shall be acceptable. Such marking must be legible and sufficiently permanent so that it will remain on the article (or its container and not the article is required to be marked) until it reaches the ultimate purchaser unless deliberately removed. (b) Articles marked with paper sticker labels. If paper sticker or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. (c) Articles marked with tags. When tags are used, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser.

The alternative method of marking can be a pressure sensitive label affixed to the fob or a tag affixed to the metal chain or metal ring. The key ring does not meet the criteria for Country of Origin exemption.

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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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