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NY I80178




April 11, 2002

CLA-2-39:RR:NC:SP:222 I80178

CATEGORY: CLASSIFICATION

TARIFF NO.: 3922.90.0000

Mr. Carl Spoeth
Bidet Ole’ Inc.
650 West Avenue, Suite #2509
Miami, FL 33139

RE: The tariff classification of a plastic attachable bidet from Taiwan.

Dear Mr. Spoeth:

In your letter dated March 18, 2002, you requested a classification and country of origin marking ruling.

You have submitted literature depicting an attachable bidet product designed to attach to any standard universal residential toilet. The hand-operated bidet is designed for male and female personal hygiene. It is made of plastic and metal materials suitable for water pressure applications.

The applicable subheading for the attachable bidet will be 3922.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for baths, shower baths, sinks, washbasins, bidets, lavatory pans, seats and covers, flushing cisterns and similar sanitary ware, of plastics: other. The rate of duty will be 6.3 percent ad valorem.

You have also requested a marking ruling. 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 you have not submitted either a sample or photograph of the proposed marking, we cannot issue a marking ruling. To be considered legally marked, the product must be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 described above.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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