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NY J88332




September 17, 2003

CLA-2-39:RR:NC:SP: 221 J88332

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.2000; 3924.10.3000; 3924.10.4000

Ms. Lisa V. Waller
BDG International, Inc.
846 Foster Avenue
Bensenville, IL 60106

RE: The tariff classification of melamine kitchenware from China and Hong Kong.

Dear Ms. Waller:

In your letter dated September 2, 2003, you requested a classification ruling.

The submitted sample is identified as a melamine plate (no item number indicated). The plate measures approximately 8-3/4 inches in diameter. You are also requesting classification on the following melamine items: a tray, a trivet, a mug, a bowl and a goblet.

The applicable subheading for the plastic plate and bowl will be 3924.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: plates, cups, saucers, soup bowls, cereal bowls, sugar bowls, creamers, gravy boats, serving dishes and platters. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the plastic tray will be 3924.10.3000, HTS, which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Trays. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the plastic trivet, mug and goblet will be 3924.10.4000, HTS, which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 percent ad valorem.

We note that the submitted 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.

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.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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