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NY K82044




January 9, 2004
CLA-2-94:RR:NC:1:127 K82044

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification and marking of an oil lamp from China.

Dear Mr. Gat:

In your letter received in this office on December 19, 2003, you requested a tariff classification and marking ruling.

The submitted sample is a bottle-shaped glass oil-filled lamp, item number LMP-206709A, that is known as the at Home Oil Lamp. It measures about 6 inches in height and contains two artificial flower heads with plastic beads. This lamp has a securely wrapped child-resistant cap (with an external metal spring surrounding its neck) that when removed is designed to accommodate a fiberglass wick inserted into a small cylindrical cap-like metal receptacle. The wick and its receptacle are packed in a small textile net bag attached to the lamp’s neck. There is no marking of the country of origin on this merchandise.

The applicable subheading for this oil lamp 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.

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.

In this regard, the subject merchandise, which is not marked anywhere with the country of origin, should be marked in accordance with the above-stated marking requirements of 19 U.S.C.1304 and 19 CFR Part 134.

This merchandise may also be subject to the requirements of the Toxic Substances Control Act administered by the U.S Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, phone number (202) 554-1404.

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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