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NY N021211




January 10, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7116.20.5000; 8306.29.0000

Ms. Allison Lee Zeiss
DEOS GROUP LLC
15 West 37th Street, 6th floor
New York, NY 10018

RE: The tariff classification of headphone covers from Thailand

Dear Ms. Zeiss:

In your letter dated December 27, 2007, you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The merchandise under consideration is headphone covers, called “DEOS.” DEOS is made of either titanium or aluminum and may be set with diamonds. They measure approximately 1-1/2 inch long and snap onto the ear buds of headphones. They are headphone accessories whose only purpose is to ornament the ear bud.

The applicable subheading for the headphone covers that incorporate diamonds will be 7116.20.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of natural or cultured pearlsof precious or semiprecious stones (natural, synthetic or reconstructed), other, other. The rate of duty will be free.

The applicable subheading for the base metal headphone covers (without diamonds) will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bells, gongs and the like, nonelectric, of base metalstatuettes and other ornaments, and parts thereof, other. 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/.

You indicate in your letter that the only markings currently on the headphone covers are the words “DEOS” and “Titanium.”

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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