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NY K84935




April 19, 2004
CLA-2-63:RR:NC:N3:351 K84935

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Anthony Bonatesta
Meadows Wye & Co., Inc.
2506 Forest Avenue
Staten Island, NY 10303

RE: The tariff classification of a trinket box from China

Dear Mr. Bonatesta:

In your letter dated April 1, 2004, you requested a tariff classification ruling.

The submitted sample is a trinket box that measures approximately 5½”W x 2”H x 4”D. The lidded box features a form of paperboard covered with nylon velvet on the outside and satin on the inside. You indicate that the intended use of the article is as a prayer cardholder.

The applicable subheading for the box will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The duty rate will be 7 percent ad valorem.

Your letter asks for guidance regarding country of origin marking. 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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