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NY J88142




August 28, 2003

MAR-2 RR:NC:1:118 J88142

CATEGORY: MARKING

Ms. Cecilia Castellanos
Vice President Import Administration
Western Overseas Corporation
1855 Coronado Ave.
Long Beach, CA 90804

RE: The country of origin marking of a bulb planter.

Dear Ms. Castellanos:

This is in response to your letter dated August 15, 2003, requesting a ruling on behalf of your client, Carona Clipper Inc., on whether the proposed marking "Manufactured in Taiwan to Carona exacting specifications" on a hang tag is an acceptable country of origin marking for imported bulb planters. You have indicated that the planters will be sold as is and there will be no further packaging done to them. In addition, you have requested a ruling on tariff classification. A marked sample was submitted with your letter for review and will be returned to you as requested.

The imported product is a metal bulb planter with black oxide coating. It has a deep cone with beveled edges and is marked and graduated for depth. The handle is a smooth grip ergonomic plastic handle. The referenced model number in your letter was SF2950 and on the tag is SG 2950. Attached by a black elastic string is a sturdy plastic coated card indicating the country of origin of the product as noted above.

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 proposed marking of the imported bulb planters as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It is an acceptable country of origin marking for the imported product, provided that the hang tag is affixed so securely that, unless deliberately removed, it will remain on the article while it is in storage or on display until it is delivered to the ultimate purchaser.

The applicable subheading for the bulb planter will be 8201.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: other handtools of a kind used in agriculture, horticulture or forestry, and parts thereof: other. The duty rate will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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