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NY K85521




May 14, 2004
CLA-2-96:RR:NC:SP:224 K85521

CATEGORY: CLASSIFICATION

TARIFF NO.: 9610.00.0000

Ms. Joanne Harmon
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of “Door Knob Message Board W/Marker” from China

Dear Ms. Harmon:

In your letter dated April 26, 2004, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The sample is now being returned as per your request. The subject merchandise is item # 267305, style # 9937CVB, marketed as a “Door Knob Message Board W/Marker”. This consists of a rectangular board with a cutout so that it may be hung on a doorknob. The front of the board has a white writing surface, and there is a dry erase marker secured to the side of the board with a plastic clip.

Since this appears to be a set put up for retail sale, noting GRI-3 (b), the component that gives the set the essential character would dictate the classification of the set. The writing board would exemplify the essential character. Therefore, the applicable subheading for the “Door Knob Message Board W/Marker” will be 9610.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Slates and boards, with writing or drawing surfaces, whether or not framed. The rate of duty will be 3.5 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 USC 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 USC 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 Tom McKenna at (646) 733-3025.

Sincerely,

Robert B. Swierupski
Director,

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