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July 30, 1999

CLA-2-96:RR:NC:N1:113 E85344

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Ms. Janet Conti
AEI Customs Brokerage Services
Building 89
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of pencils with toppers from Taiwan

Dear Ms. Conti:

In your letter dated July 23, 1999, on behalf of The Millwork Trading Company, you requested a tariff classification ruling.

The sample you provided is item 66100, a blister package of two Pokèmon Pencil Toppers. The lead pencils are made in Taiwan and shipped to China, where they are attached to toppers made in the form of Pokèmon characters. The country of origin of the items will remain Taiwan.

The applicable subheading for the pencils will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks or tailors’ chalks, pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14 cents per gross plus 4.3 percent ad valorem.

Further, you requested a ruling on whether the proposed marking "Pencils: Country of Origin: Taiwan\Toppers and Packaging: Country of origin: China" is an acceptable country of origin marking for imported pencils. A marked sample was not submitted with your letter for review. The merchandise will be marked on the back of the packaging. 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 imported pencils, 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 pencils.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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