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NY I89401




January 23, 2003

CLA-2-44:RR:NC:2:230 I89401

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Ms. Joanne Balice
CBI Distributing Corp.
Claire’s Accessories
2400 W. Central Road
Hoffman Estates, IL 60195

RE: The tariff classification of a wooden bead headband from China

Dear Ms. Balice:

In your letter dated December 18, 2002 you requested a tariff classification ruling.

The ruling was requested on a headband, item # 31243. A sample of the item was submitted. The sample is a flexible circular band measuring approximately 1” wide and 15” in circumference. It consists of nine horizontal rows of 1/8” square wooden beads strung on interwoven elastic threads. The beads are of three different colors and are arranged in a diagonal pattern. The headband stretches enabling it to be put on and off easily.

The applicable subheading for the wooden bead headband, item # 31243, will be 4421.90.9740, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood, other, other. The duty rate will be 3.3 percent ad valorem.

We note that the sample was not marked with the country of origin. 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.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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