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NY F83296





February 25, 2000

CLA-2-56:RR:NC:TA:351 F83296

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.1000

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

RE: The tariff classification of a bookmark from China

Dear Ms. Murphy:

In your letter dated February 10, 2000, you requested a tariff classification ruling.

You submitted a sample of a bookmark, item 020200-01. It is a piece of plastic measuring approximately .3 inches in width and 6 inches in length, wrapped with cotton thread. The thread is wrapped to create a design of symbols along the length of the plastic. You state that it will be given away to donors of a religious organization, and ask if marking of the country of origin on the cellophane wrapper is adequate. It is assumed that the packaging of the sample presented is indicative of the manner in which each bookmark will be distributed. The cellophane wrapper is sealed. On the wrapper there is a paper sticker with your company name and address. Your sample will be returned as you have requested.

The applicable subheading for the bookmark will be 5609.00.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, not elsewhere specified or included, of cotton. The rate of duty will be 4.1 percent ad valorem.

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.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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