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NY F80735




December 27, 1999

CLA-2-69:RR:NC:2:227 F80735

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4400

Ms. Jane Jewett
Talus Corporation
82 Scott Drive
Westbrook, ME 04092

RE: The tariff classification of a ceramic mug from China.

Dear Ms. Jewett:

In your letter dated November 24, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a barrel-shaped ceramic mug, identified as Billiards (part of the Spinner Mug collection), that measures approximately 3 ¾ inches in height by 3 inches along the top and base diameters. It features a handle that possesses a plastic eight ball-shaped bead that can be spun around and an exterior that depicts a variegated billiard ball motif.

The applicable subheading for this ceramic mug will be 6912.00.4400, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tablewareother than of porcelain or china: mugs and other steins. The rate of duty will be 10 percent ad valorem in noting the rate of duty will remain the same commencing in January of 2000.

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.

Therefore, the subject merchandise must be marked in compliance with the above marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 to be considered properly marked for Customs’ purposes.

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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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