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NY H81422





June 20, 2001

CLA-2:RR:NC:2:226 H81422

Mr. Michael J. Mercer
Corbett International, Inc.
Cargo Service Bldg. 80
JFK International Airport
Jamaica, NY 11430

Dear Mr. Mercer:

In your letter dated May 30, 2001, on behalf of your client, T-Fal Corporation, you requested a ruling on two specific issues, the tariff classification of glass lids and the applicable country of origin marking requirements.

We are returning the samples which you submitted with your ruling request. Your presentation indicated that this merchandise was recently imported. Furthermore, you indicated that you disagree with the classification of this product by U.S. Customs at the port of entry. In your presentation you maintain that a different classification should be applied.

Under Part 177 of the Customs Regulations (19 C.F.R. 177), this office is precluded from ruling on the classification of merchandise which is the subject of a current or completed Customs transaction.

If the transaction is current and you want to have your arguments considered and ruled upon, you should ask the District or Area Director having jurisdiction over the entry of your merchandise to seek advice from Customs Headquarters through the Internal Advice procedure. A copy of this notice should be included. If the transaction is completed and the entry has been liquidated, you should file a protest and seek further review of that protest by our Headquarters office.

With regard to country of origin marking requirements, you ask whether imported glass lids are required to be individually marked with the country of origin if they are later to be packed with cookware that was manufactured in your U.S. plant. You indicated that the lids and cookware will be packed and sold together at retail as a set. 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.

Although the imported glass lids will be sold as a set with the U.S.-made cookware, this fact does not negate the requirement for the lids to be marked.

You also ask whether marking a plastic bag instead of the glass lid would be acceptable. Customs has no assurance that the glass lid will remain unopened in its imported condition until it reaches the ultimate purchaser (i.e., the consumer). Accordingly, this method does not satisfy Customs marking requirements.

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

If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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