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NY J85559




June 20, 2003

CLA-2-70:RR:NC:2:226 J85559

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.39.2000

Ms. Ling Zhao
Vertex China
131 Brea Canyon Road
Walnut, CA 91789-3029

RE: The tariff classification of two glass plates from Thailand

Dear Ms. Zhao:

In your letter dated May 27, 2003, you requested a tariff classification ruling. Two representative samples were submitted with your request.

Item no. 540 and item no. 541 are two white glass cake plates, each measuring approximately seven inches in diameter.

You indicated in your letter that the unit value of each glass plate is $0.60.

You state that although each plate is pressed, it is not toughened.

The applicable subheading for the two glass plates will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramicsotherothervalued not over $3 each. The rate of duty will be 23.2 percent ad valorem.

Regarding the marking of the product, the words “USA Home” which appear on the plates are potentially confusing.

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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 C.F.R. Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.46 of the Customs Regulations (19 C.F.R. §134.46) provides that in any case where the words “U.S.,” “American,” or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The country of origin of each glass plate is Thailand. Each item must be marked with the phrase "Made in Thailand" in a legible, indelible, permanent and conspicuous manner. This marking must be in lettering that is at least as large and conspicuous as the words “USA Home” and must appear in close proximity to these words.

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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