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NY J86554




July 14, 2003

CLA-2-21:RR:NC:2:228 J86554

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification and country of origin marking of a nutritional supplement from Hong Kong.

Dear Mr. Hoffacker:

In your letter dated June 25, 2003, on behalf of K.C.’s Pastries, Inc., Philadelphia, you requested a marking and tariff classification ruling.

A sample and an ingredients breakdown were submitted with your letter. Regen Red Extract Supplement is a liquid composed of 70 percent water, 10 percent lycium, 6 percent honey, 4 percent lotus seed, 4 percent longan pulp, 3 percent seed of spine date, and 3 percent red date. The supplement is put up in glass vials containing 10 milliliters, two vials and two straws to a small box, and five such boxes in a larger box. The sample is marked with the country of origin and the name of the manufacturer on one of the side panels of the inner and outer boxes, and on the vial label.

The applicable subheading for the Regen Red Extract Supplement will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 6.4 percent ad valorem.

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 you have submitted is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

The sample is being returned to you as requested.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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