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NY 803886

November 17, 1994

CLA-2-39:S:N:N6:221 803886


TARIFF NO.: 3926.10.0000

Mr. Bill Maruchi
Klipmate International
Chemin des Pecheurs 10
CH-1166 Perroy, Vaud

RE: The tariff classification of plastic bookmarks from France.

Dear Mr. Maruchi:

In your letter dated October 27, 1994, you requested a tariff classification ruling.

No sample was submitted with your letter, but the product is described as a U-shaped bookmark made of plastics.

The applicable subheading for the bookmark will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics...office or school supplies. The rate of duty will be 5.3 percent ad valorem.

You also inquired about the country of origin marking requirements for the merchandise. 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.

The ultimate purchaser in the instant case is the consumer who receives the bookmark. Therefore, each piece must be marked with the country of origin.

You also requested information about entry procedures, forms requirements and appraisement. Enclosed is a copy of a publication, Importing Into The United States, as well as other information pamphlets, which contain general information about importing.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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