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NY E86805




September 20, 1999

CLA-2-70:RR:NC:2:226 E86805

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.9000

Mr. John N. Palmer
157 E. No Name Road
Carbondale, IL 62901

RE: The tariff classification of two decorative glass articles from the Czech Republic

Dear Mr. Palmer:

In your letter dated August 28, 1999, you requested a tariff classification ruling. A photograph of the item was submitted with your ruling request.

The subject merchandise, which is described as an “hourglass”, is composed of clear glass that is filled with white sand. The item, which can not stand on its own, fits securely into an open metal frame/stand. The frame/stand will be produced in a variety of metals and finishes (e.g. antique brass, polished brass, nickel-plated, etc.). You state in your letter that this product will be imported in two sizes: 6.5” X 3.5” and 8.3” X 4.5”. The unit values for this product will range from $14.90 to $37.90.

The essential character of this composite good is represented by the glass component.

The applicable subheading for the glass “hourglass” with metal frame/stand will be 7013.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018) (con.): other glassware: other: other: other: valued over $5 each. The rate of duty will be 7.2 percent ad valorem. In your presentation, you ask whether or not this product is subject to duty free treatment under the Generalized System of Preferences (GSP). Although the Czech Republic is designated as a beneficiary developing country, this HTS classification does not provide for a Generalized System of Preferences’ (GSP) status.

With regard to your country of origin marking question, 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.

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 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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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