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NY I82244




June 20, 2002

CLA-2-70:RR:NC:2:226 I82244

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.29.1000

Mr. John Sepela
CSI International, Inc.
201 Hangar Road
Avoca, PA 18641

RE: The tariff classification of a drinking glass from China

Dear Mr. Sepela:

In your letter dated June 3, 2002, you requested a tariff classification ruling. An unmarked sample of the item was submitted with your ruling request for review.

The subject article is a cordial glass with a pedestal base. The item, which is made of ordinary glass, measures approximately four inches in height and one and one-half inches in diameter at the mouth.

You stated in your letter that the unit value of the glass is $0.10.

The applicable subheading for the drinking glass will be 7013.29.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: drinking glasses, other than of glass ceramics: other: other: valued not over $0.30 each. The rate of duty will be 30.4 percent ad valorem.

In your presentation, you indicated that the country of origin would be marked on the bottom of the article with an adhesive label. A sticker or an adhesive label would be an acceptable marking, provided that the sticker is securely attached and sufficiently permanent so that it will remain on the article until it reaches the ultimate consumer. The cordial glass may be marked in any area of the item that will ensure that the country of origin marking is clear and conspicuous, with lettering that is large enough to be clearly readable.

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 C.F.R. §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 C.F.R. §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 C.F.R. §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.

The proposed marking of the imported cordial glass, by an adhesive label, will have to be conspicuously, legibly and permanently marked to satisfy the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134. A representative sample marked with the country of origin should be provided to the Import Specialist at the port of entry to determine if the label is sufficiently permanent to reach the ultimate purchaser in the United States.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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