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NY 897558

July 12, 1994

CLA-2-68:S:N:N3:226 897558


TARIFF NO.: 6815.99.20

Mr. Bruce Kindler
Kinco International, Inc.
927 S.E. Marion
P.O. Box 82345
Portland, Oregon 97282-0345

RE: The tariff classification and marking of soapstone from China

Dear Mr. Kindler:

In your letter dated April 6, 1994 you requested a ruling on the classification and marking of soapstone. You indicated that this merchandise will be used by welders for marking metal. Samples were submitted with your ruling request.

Analysis of the samples by our Customs laboratory has confirmed that the merchandise is soapstone.

The applicable subheading for the soapstone will be 6815.99.20, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of stone or of other mineral substances...other articles: other: talc, steatite and soapstone, cut or sawed or in blanks, crayons, cubes, disks or other forms. The duty rate will be free.

You indicated that this merchandise will be packed in plastic containers with ten pieces in each container. You stated that you will mark these containers with an adhesive sticker indicating the word "China."

In a telephone conversation with this office and in an additional letter to this office, you indicated that the merchandise will only be sold in the containers of ten. You asserted that you have only one customer, Lincoln, that will distribute this merchandise to its franchises (auto repair shops) throughout the United States. You submitted a letter from Lincoln indicating that all of its franchises will sell the soapstone to the the utlimate consumers in the containers of ten. Lincoln asserted that the merchandise will never be removed from the containers and will never be sold to the consumers in quantities of less than ten.

Assuming this merchandise will always be sold to the ultimate purchaser in a plastic container of ten, the marking of this container would be acceptable under certain circumstances. The container must be securely sealed. The sticker indicating the word "China" must be legible, indelible, permanent and conspicuous. It must be difficult to remove this sticker. If the containers also bear labels indicating the names and U.S. addresses of the automobile repair shops, the phrase "Made in China" must be printed on these labels. This phrase must be in close proximity to the U.S. addresses and must be in lettering which is equal in size to the lettering which indicates the U.S. addresses.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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
New York Seaport ?

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