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NY J83386




April 29, 2003

CLA-2-94:RR:NC:2:227 J83386

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Yvette A. Figueroa
Pier 1 Imports
301 Commerce Street, Ste. 600
Fort Worth, TX 76102

RE: The tariff classification and marking of a hanging candleholder from India.

Dear Ms. Figueroa:

In your letter received in this office on April 15, 2003, you requested a tariff classification and marking ruling.

The submitted sample is a hanging candleholder, SKU number 1970200, that consists of a round-shaped glass holder measuring about 2 3/4 inches high with an open-top diameter of 2 inches. It also incorporates a spiral-shaped metal (non-brass) hanger, measuring about 22 inches long, that is decorated with glass beads. It is noted that the submitted sample is not marked with the country of origin.

The applicable subheading for the hanging glass candleholder will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

Articles classifiable under subheading 9405.50.4000, HTS, which are products of India may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

In regard to your marking query, 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.

Therefore, the subject candleholder, SKU number 1970200, should be conspicuously, legibly and permanently marked in accordance with the above 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 George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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