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NY 861117

April 3, 1991



TARIFF NO.: 9505.90.6000

Mr. Howard M. Paull
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of a festive article from China

Dear Mr. Paull:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : March 6, 1991

ON BEHALF OF : Kmart Corporation

MERCHANDISE : The sample submitted is called "50 Eggs & Pail". The entire item is made of plastic. Each egg is 2 1/2 inches long and breaks open at the center to allow the consumer to fill with candy or other small surprise.
The eggs come in assorted colors.

HTS PROVISION : Festive, carnival or other entertainment articles; parts and accessories thereof: other: other

HTS SUBHEADING : 9505.90.6000

RATE OF DUTY : 3.1 percent ad valorem

MARKING : Section 304 of the Tariff Act of 1930 as ammended, states that all articles entering the commerce of the United States must be marked as permanently and conspicuously as the article will permit. The sample submitted to this office was found to be not legally marked. The regulations state that wherever a U.S. address appears on an imported article or its container, the name of the country of origin preceded by "Made in", shall appear in close proximity and in comparable size lettering, to such address. Specifically, your item should show "Made in China" in the same size lettering and boldness as
Troy, Michigan or vice versa. Additionally, your country of origin name should be directly above, below or next to the U.S.address.

OTHER : The sample will be returned as requested.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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