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NY L80164




October 14, 2004

CLA-2-71:RR:NC:SP:233 L80164

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500

Mr. Dean Ferguson
UPS Supply Chain Solutions
2995 Wall Triana Highway B-4
Huntsville, AL 35824

RE: The tariff classification of a battery operated flashing lapel pin from China.

Dear Mr. Ferguson:

In your letter dated October 7, 2004, on behalf of Melinda Yperrea dba American Products, you requested a tariff classification ruling.

The submitted sample is a battery operated flashing lapel pin that affixes to clothing utilizing magnetic disks, rather than clasps or pins. The item is made of a plastic oval shaped face measuring approximately 1½” in length by 1¼” in width printed with the words “TEN COMMANDMENTS” at the top and “ONE NATION UNDER GOD” at the bottom. Across the surface are red and white stripes and in the middle is a rough rendering of the Ten Commandments on stone tablets. The border of the pin is colored blue with white stars. Attached to the back of the face is an electronic module with a magnet. To activate the light, the light cover is turned clockwise. The pin is attached to a card that reads “American Products” “FREEDOM Magnetic Flashing Pins”. The item is packed in a plastic blister pack for retail sale. The essential character of the pin is imparted by the plastic component.

The applicable subheading for the battery operated flashing lapel pin, will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.

The sample submitted is not legally with the country of origin, China, as required by Section 304. 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. However, because a U.S. reference (American Products) appears on the imported battery operated flashing lapel pins when they are imported into the U.S., it is necessary to consider the necessity for additional marking. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin China preceded by "Made in," Product of," or other words of similar meaning. The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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