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NY M87845




November 28, 2006

CLA-2-39:RR:NC:SP:221 M87845

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.50.0000; 3925.90.0000

Mr. Charles S. Parisi
Parisi Services, Inc.
P.O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of caulk savers and a storage unit from China.

Dear Mr. Parisi:

In your letter dated October 25, 2006, on behalf of Homebrite Products, you requested a tariff classification ruling.

Samples were provided with your letter. The caulk savers are plastic twist caps with long threaded stems designed to reseal partially used containers of caulk, sealant or adhesive. The caulk savers are packaged six to a retail carton. The caps come in six different colors so that they can be chosen to match the color of the caulk to be sealed.

The storage unit is composed of molded plastic. It is designed to hold four caulk savers and five caulking tubes, spray cans or similar shaped items. The back of the unit incorporates multiple screw holes so that it can be permanently mounted to the wall. The holder, which is packaged in knockdown condition, measures 14 inches in length by 7 inches in height by 3 ½ inches in depth when assembled.

The applicable subheading for the caulk savers will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the plastic storage unit will be 3925.90.0000, HTSUS, which provides for builders’ ware of plastics, not elsewhere specified or included: other. The rate of duty will be 5.3 percent ad valorem.

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/.

The storage unit is packaged in a box that is printed on the front panel with the American flag and the words “Designed in USA.” The back panel is printed with a domestic address and the words “Made in China.”

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.

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 preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The back panel, which is marked “Made in China” in close proximity to the domestic address, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The front panel, which is printed with a picture of the American flag and the words “Designed in USA,” is considered to be deceptively marked. The words “Made in China” must appear in close proximity and in equal size lettering to the reference to the USA on this front panel.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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