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NY B87288

August 1, 1997

CLA-2-95:RR:NC:SP:225 B87288


TARIFF NO.: 9503.90.0010

Mr. Tim Parsons
Parsons Trading
460 Peachstone Terrace
Marinwood, CA 94903

RE: The tariff classification of kites from China

Dear Mr. Parsons:

In your letter dated June 30, 1997, received in this office on July 8, 1997, you requested a tariff classification ruling.

The subject articles, known as "Para-Kites", are made of polyester material and string. The kites are uniquely designed, constructed by sewing together textile panels and attaching a series of support lines which all connect to a central string that divides into two long strands for use in holding the kite in both hands. Each item will be imported in a clear plastic bag and will be available in small (1.8 meters) and large (2.3 meters) sizes.

The kites will be marketed to children 8 years of age and older. They are intended to be flown at parks, beaches and other acceptable open locations. You maintain that since the kite has no rigid frame, it will be less susceptible to breakage or injury in normal use of the product.

The applicable subheading for the "Para-Kites" will be 9503.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: kites. The rate of duty will be free.

With respect to U.S. Customs marking requirements, you are directed to the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), which 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.

In regards to your inquiry involving fiber content labelling requirements we would advise you to determine if there are state regulations that may apply. Please contact the appropriate governing regulatory agency within the states in which you intend to sell your product. For items of Chapter 95 there are no federal fiber content labelling requirements.

As far as safety warning label requirements for the kites, you should contact the Consumer Products Safety Commission (CPSC), Washington, D.C. 20207-0001, or your local CPSC office.

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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