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NY E88722




November 4, 1999

CLA-2-69:RR:NC:2:227 E88722

CATEGORY: CLASSIFICATION

TARIFF NO.: 6911.10.8010

Ms. Irene Kwok
CDP Asia, Ltd.
26/F.,Tower A, Southmark
11 Yip Hing Street
Aberdeen, Hong Kong

RE: The tariff classification and marking of porcelain plates from China.

Dear Ms. Kwok:

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

The sample submitted is a porcelain dessert plate, reference number C-47876S, which measures approximately 20 cm in diameter and features a floral-like design on its exterior surface with the wording “Givenchy Paris” on its rim. This plate is stated to be valued over $6 per dozen and is marketed and sold as a dessert plate that is microwave and dishwasher safe. Further, it is indicated to be retail packed with the marking “Made in China” printed on its packaging.

The applicable subheading for this porcelain dessert plate will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tablewareof porcelain or china: other, other, suitable for food or drink contact. The rate of duty will be 23.4 percent ad valorem.

In regard to your query concerning the assessment of additional duties, there is currently no countervailing or antidumping duty that will be assessed against this merchandise.

With respect to the proper marking requirements, 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.

Since there is no indication of the country of origin, next to the wording “Givenchy Paris,” on the rim of the plate, it is therefore not considered to be properly marked until it satisfies the above-stated marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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