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NY F81623




February 9, 2000

CLA-2-95:RR:NC:SP:222 F81623

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.3000

Ms. Diana J. Murphy
Keer-Hays Company
P. O. Box 711
Ligonier, PA 15658

RE: The tariff classification of a nativity scene from Taiwan.

Dear Ms. Murphy:

In your letter dated January 5, 2000, you requested a classification ruling.

The submitted sample is a handpainted nativity scene made of plastic. The nativity scene depicts Indian figures representing Mary, Joseph and baby Jesus in a teepee. The teepee has an open front. There is a background of stars, one star brighter than all the others. The back of the teepee depicts a star and a cross. The words “St. Joseph’s Indian School” are inscribed on the bottom edge of the teepee.

Your letter states that this nativity scene will be given away as a free gift to those who make donations to the religious organization to which you are selling the nativity scenes. You ask if the individual article must be marked with the country of origin and whether an adhesive label stating "Made in Taiwan" on each box is an acceptable country of origin marking for the imported nativity scene. A marked sample was submitted with your letter for review.

The applicable subheading for the nativity scene will be 9505.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides forarticles for Christmas festivities and parts and accessories thereof: nativity scenes and figures thereof. The rate of duty will be free.

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.

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser, as generally the last person in the U.S. who will receive the article in the form in which it was imported. Section 134.1 (d)(4) indicates that if the imported article is distributed as a gift the recipient is the "ultimate purchaser". Consequently, although the nativity scene may be given away free of charge, under the Customs regulations the recipient of the nativity scene, would be considered the ultimate purchaser. Therefore, the nativity scenes must be marked permanently, legibly and conspicuously, to indicate their country of origin to their recipient.

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.

If the actual ornament is not marked, the box in which the nativity scene is given to the ultimate purchaser must be sealed in order to meet the marking requirements. The proposed marking of the box that contains the imported nativity scene, if sealed in a manner which will reach the ultimate purchaser, 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 nativity scene.

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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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