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NY 817519

December 29, 1995

CLA-2-68:RR:NC:GI:226 817519


TARIFF NO.: 6810.99.0000

Ms. Gregory Zitzer
Willitts Design
P.O. Box 750009
Petaluma, California 94975

RE: The tariff classification of figurines of agglomerated stone from China

Dear Mr. Zitzer:

In your letter dated November 29, 1995, you requested a tariff classification ruling regarding figurines of Amish and Native American characters (styles 30043 and 38019).

You indicated that the products consist of calcium carbonate agglomerated with polyester resin and porcelain powder. You stated that the calcium carbonate is derived from crushed natural limestone.

The applicable subheading for these agglomerated stone figurines will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of...artificial stone, whether or not reinforced: other articles: other. The rate of duty will be 3.9 percent ad valorem. In 1996 the rate of duty will be 2.9 percent ad valorem.

Please note that the samples which you submitted are not properly marked with country of origin. Merchandise imported into the United States must be marked in a legible, indelible, conspicuous and permanent manner.

These products are marked with the words "designed and sculpted in the U.S.A." This information is misleading. In fact, each figurine is made in China based on a U.S. design. The marking on these samples which indicates "made in China" is very small in comparison with the references to the United States and the references to the "Native American" collection. In addition, the reference to China appears in a less conspicuous place then the words "Native American" and "U.S.A.".

If the merchandise will be marked with any references to the United States or the Native American collection, the words "made in China" must appear in lettering which is at least as large as the words U.S.A. and Native American. In addition, the words "made in China" must appear in the same general location as the references to the United States and the Native American collection. Furthermore, the phrase "designed and sculpted in the United States" is inappropriate. A possible alternative would be "made in China based on a U.S. design."

This ruling is being issued under the provisions of Section 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 Jacob Bunin at 212-466-5796.


Roger J. Silvestri

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