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NY K83156




February 24, 2004
MAR-2-49:RR:NC:2:234 K83156

CATEGORY: MARKING CLASSIFICATION

TARIFF NO.: 4911.99.8000

Ms. Joan Studeny
GHY USA, Inc.
572 South 5th Street
Pembina, N. D. 58271

RE: The tariff classification of, and country of origin marking requirements relating to, a printed domed “decal” from Canada.

Dear Ms Studeny:

In your letter dated February 13, 2004, on behalf of your client, Sunwest Screen Graphics Ltd., you requested a tariff classification ruling and exemption from marking requirements for the referenced merchandise.

A sample article was submitted. It is a printed plastic “sticker”, to be imported by your client’s customer, who will attach it to his products in the United States, in celebration of his 50th year in business. Those products are snowmobiles, ATV’s, personal watercraft and motorcycles.

The “sticker” is oval in shape, and measures about 2 1/8” x 1 ¾” x 3/16” in height. It is printed with the words (and numbers) “50 YEARS”, against a decorative background. The numbers 1954 and 2004 are molded into or stamped on a gold colored plastic frame which surrounds the printed area.

The applicable subheading for the printed “stickers” described will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other printed matter, including printed pictures and photographs: Other (than certain specified kinds). The rate of duty will be Free

You suggest an exception for country of origin marking of these “stickers” under authority of CR 134.32(f) which excepts from marking requirements, “Articles for use by the importer and not intended for sale in their imported or other form”. We concur, subject to CR 134.22 (a), which provides that “When an article is excepted from marking requirements by subpart D of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin”

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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