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NY M86650




September 26, 2006

CLA-2-83:RR:NC:N1:121 M86650

CATEGORY: CLASSIFICATION

TARIFF NO.: 8310.00.0000

Mr. Thomas D. Johnson
Trek Bicycle Corporation
801 West Madison
Waterloo, WI 53594

RE: The tariff classification of a logo badge from Taiwan

Dear Mr. Johnson:

In your letter dated August 29, 2006, you requested a tariff classification ruling.

The sample you submitted is described as an aluminum head-badge logo label. It measures 2 inches in diameter, and is molded to fit the shape of a bicycle frame’s front tube. It contains pressure sensitive adhesive and is affixed permanently to the bicycle frame by use of a pneumatic press after importation. It contains the Trek brand logo, which includes the words “TREK” and “EST. 1976” at its center and along its perimeter, the words “Waterloo Wisconsin.”

It is important to note that section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin (for the subject merchandise the words, “Waterloo Wisconsin”) appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location". Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness.

The applicable subheading for the logo label will be 8310.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sign plates, name plates, address plates and similar plates, numbers, letters and other symbols, and parts thereof, of base metal, excluding those of heading 9405. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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