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NY C84238

February 24, 1998

CLA-2-39:RR:NC:SP:221 C84238


TARIFF NO.: 3926.90.9880

Ms. Kerrie L. Goodyear
Worldlink International Inc.
6680 Brandt Street, Suite 100
Romulus MI 48174

RE: The tariff classification and country of origin marking requirements of coil key chains from China.

Dear Ms. Goodyear:

In your letter dated February 4, 1998, on behalf of Nalpac Ltd., you requested a tariff classification ruling.

Three samples, labeled A, B and C, were included with your request. Each sample consists of a plastic swivel key/belt hook attached by means of a split metal ring to a length of coiled plastic monofilament. Another split metal ring is attached to the end of the coiled monofilament. The monofilaments are of different lengths and thicknesses, but in all cases measure well over 1 mm in diameter. The samples are composed overwhelmingly of plastics materials.

The applicable subheading for the plastic swivel key chains will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

You have also requested a ruling on the country of origin marking requirements. Each of the samples contains the words "Made in China" molded into the ring at the base of the swivel hook, in letters approximately 1/16 inch high. Sample B also contains a pressure sensitive gold colored paper label imprinted with the inscription "Made in China" in black letters 1/8 inch high, securely attached along the side of the swivel hook. 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 blind marking on the swivel hooks is not legible or conspicuous and is not an acceptable country of origin marking for the imported coil key rings. The pressure sensitive label with contrasting printing on Sample B is conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported coil key rings.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Joan Mazzola at 212-466-5580.


Robert B. Swierupski

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