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NY F85179




April 27, 2000

CLA-2-69:RR:NC:2:227 F85179

CATEGORY: CLASSIFICATION

TARIFF NO.: 6912.00.4810

Mr. Lou Piropato
Daniel F. Young, Inc.
17 Battery Place
New York, NY 10004-1101

RE: The tariff classification of tableware and kitchenware sets from Malaysia and Italy.

Dear Mr. Piropato:

In your letter dated April 4, 2000, on behalf American Commercial, Inc., you requested a tariff classification and marking ruling.

The subject merchandise, based on the information submitted, consists of the following sets:
a rectangular-shaped bifurcated earthenware serving dish with stainless steel tray (item number 301).
a rectangular-shaped earthenware lasagna-baking dish with cover and stainless steel tray (item number 302).
a round-shaped earthenware serving dish possessing five compartments for hors d’oeuvres with stainless steel tray (item number 309).

It is stated that the ceramic serving and baking dishes will be manufactured in Malaysia and then imported into Italy where they will be combined and retail-packed with stainless steel trays (produced in Italy) for importation into the United States. It has been determined that the ceramic articles impart the essential character of these sets.

The applicable subheading for these tableware and kitchenware sets will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware, kitchenwareother than of porcelain or china: other: suitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

In regard to marking, you inquire whether the ceramic dishes and steel trays should be individually marked to indicate Malaysia and Italy, respectively. Further, it is queried whether the retail cartons for this merchandise should also be marked with the specific country of origin of each article.

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.

Since this merchandise will be displayed both outside and within its retail-packed condition, it is the opinion of this office that not only the ceramic dishes and steel trays should be individually marked to indicate their respective country of origins (Malaysia and Italy) but also the retail packaging should be marked with the country of origin of each item within the set, all in accordance with the 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).

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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