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NY K84380




March 30, 2004
CLA-2-70:RR:NC:1:126 K84380

CATEGORY: CLASSIFICATION

TARIFF NO.: 7006.00.4050

Mr. Patrick B. Regan
Adriana’s Colombian Designs
901 South America Way
Miami, FL 33132

RE: The tariff classification of glass table tops from Colombia

Dear Mr. Regan:

In your letter dated March 14, 2004, you requested a tariff classification ruling regarding glass table tops.

You indicated in a telephone conversation that each glass table top is composed of a clear flat glass slab that is polished, beveled, and measures 19 mm in thickness. You stated in your letter that you wish to import this product in various sizes, the largest being 2.5 m long x 1.5 m wide.

The applicable subheading for the glass table tops will be 7006.00.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for glass of heading 7003, 7004 or 7005, bent, edgeworked, engraved, drilled, enameled or otherwise worked, but not framed or fitted with other materials: other: other: other. The rate of duty will be 4.9 percent ad valorem.

Articles classifiable under subheading 7006.00.4050, HTS, which are products of Colombia, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

You also inquired about the country of origin marking requirements. However, you failed to describe your proposed method for marking this merchandise. 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 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.

To be considered legally marked, a product must be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR 134 described above. However, your inquiry fails to describe your proposed method for marking the product at issue. Since you have not submitted either a piece of the sample or a photograph of the proposed marking, we cannot issue a marking ruling.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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