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NY A87961




October 8, 1996

MAR-2-05:RR:NC:GI:115 A87961

CATEGORY: MARKING

Mr. Richard A. Bennett
Sanderlings International Inc.
7 Garand Place
Ottawa, Ontario
Canada K1H 8M1

RE: The tariff classification of the Sand Piper from Canada.

Dear Mr. Bennett:

In your letter dated August 12, 1996 you requested a tariff classification ruling.

The subject item is the Sand Piper, which is a hand-held and hand-operated digging tool to extract a core of beach sand to facilitate the quick and secure installation of such things such as beach umbrellas and life-guard flags on the beaches of oceans, lakes and rivers.

The Sand Piper will be available in eight models as identified below:

Product Code Outside diameter of aluminum tubing

1) Model 91010 - crushed bend 1.0"
2) Model 91015 - crushed bend 1.5"
3) Model 91020 - crushed bend 2.0"
4) Model 91025 - crushed bend 2.5"
5) Model 93030 - stretched bend 1.0"
6) Model 93015 - stretched bend 1.5"
7) Model 93020 - stretched bend 2.0"
8) Model 93025 - stretched bend 2.5"

The Sand Piper is formed from a single piece of thin-walled aluminum tubing approximately 14.5" in length. The length of tubing is then bent at a right angle, forming the handle. The exterior paint is applied, followed by attaching a decal containing the company logo, address, U.S. Patent number and country of origin marking Made in Canada as referenced in your exhibit #3. The tool then will be inserted into a clear poly-bag with a cardboard header card as referenced in your exhibit #4.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

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

Sincerely,

Roger J. Silvestri
Director

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