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NY B86870

July 9, 1997

CLA-2-95:RR:NC:SP:225 B86870


TARIFF NO.: 9505.90.6090

Ms. Julie A. Harvey
A.W. Fenton Company Inc.
Columbus Office
1157 Rarig Avenue
Columbus, Ohio 43219-2357

RE: The tariff classification of plastic clown shoes from China

Dear Ms. Harvey:

In your letter dated June 17, 1997 you requested a tariff classification ruling on behalf of Consolidated Stores Corporation.

The sample submitted is a pair of oversized clown shoes designed to be worn over a pair of properly fitted shoes. The shoes are made of plastic and measure 15 1/2 inches in length. They are styled to depict the type of shoe a clown would wear with an exaggerated heel and toe. The shoes are intended for use as a clown costume accessory. The product is packaged in a clear cellophane bag. Your sample is being returned as requested.

The applicable subheading for the "Clown Shoes" will be 9505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other: other. The rate of duty will be free.

This office notes that the "Clown Shoes" are not marked in an acceptable manner to satisfy the country of origin marking requirements. 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 C.F.R. ?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.

Your product is marked "China" in raised letters on the sole portion of both shoes. However, the letters are of the same color as that of the shoes, making the marking difficult to see. This style of marking is known as "blind marking" which does not conform to Customs laws. We would suggest that "China" be made more conspicuous by using, for example, a contrasting color. For further advice on country of origin marking requirements you may contact the Customs Import Specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 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 Alice J. Wong at 212-466-5538.


Gwenn Klein Kirschner
Chief, Special Products Branch

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