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NY I83798




July 3, 2002

CLA-2-94:RR:NC:SP:233 I83798

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.90.8040; 3926.90.9880; 4823.90.6600; 4819.50.4060; 9403.90.5000

Mr. Joseph L. Giumentaro
JAS Forwarding (USA), Inc.
2280 208th Street
Torrance, CA 90501

RE: The tariff classification of “PC Table Tote” parts and accessories from Taiwan and Israel.

Dear Mr. Giumentaro:

In your letter dated June 21, 2002, on behalf of Gibbs Group LLC, you requested a tariff classification ruling.

The submitted samples consist of “PC Table Tote” parts and accessories and an assembled, shrink wrapped “PC Table Tote.” The “PC Table Tote” is a portable plastic table for laptop PC and projector use. It can also be used as a portable presentation platform and is adaptable to many other uses. The parts and accessories will be imported separately and packaged together after importation. The items to be imported consist of the following:
four telescoping aluminum legs one telescoping steel document holder one rubber mouse pad two foam inserts one paperboard mouse pad “packaging frame” one paperboard packaging sleeve (open ended carton) one each plastic table top and bottom one plastic document holder

The first six items are from Taiwan, the last two items are from Israel.

Your samples are being returned as requested.

The applicable subheading for the telescoping aluminum legs and the telescoping steel document holder will be 9403.90.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: parts: other: other, of metal. The rate of duty will be free.

The applicable subheading for the foam inserts will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the paperboard mouse pad “packaging frame” will be 4823.90.6600, HTS, which provides for other coated paper or paperboard, cut to size or shape. The rate of duty will be 1.1% ad valorem.

The applicable subheading for the paperboard packaging sleeve (open-ended carton) will be 4819.50.4060, HTS, which provides for other packing containers of paper or paperboard. The rate of duty will be 1.1% ad valorem.

The applicable subheading for the plastic table top and bottom and the plastic document holder will be 9403.90.5000, HTS, which provides for other furniture and parts thereof: parts: other: of rubber or plastics: other. The rate of duty will be free.

We are unable to provide a ruling for the rubber mouse pad without additional information. Please identify the name of the rubber the mouse pad is made of. The top surface of the mouse pad is composed of plastic. Please provide a cost breakdown of the plastic vs. the rubber.

You have also inquired as to the country of origin marking requirements for the PC Table Tote. 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.

The sample submitted with your request is not marked with the country(ies) of origin. The paperboard packaging sleeve for the PC Table Tote must be marked to reflect the country of origin of each component of the table in order to satisfy 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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