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NY D81836





September 9, 1998

CLA-2-42:RR:NC:TA:341 D81836

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.9000

Ms. Kim Payton
Emery Customs Brokers
10520 E. Pine Street
Tulsa, OK 74116

RE: The tariff classification and marking of pet carriers from Italy.

Dear Ms. Payton:

In your letter dated August 18, 1998, on behalf of Blitz, USA, you requested a tariff classification ruling on pet carriers.

You have submitted copies of a brochure of two items, each described as the "Dreamy Pet Transport", a pet carrier manufactured of molded plastic. Each item is said to be imported in an unassembled condition. Whether imported assembled or unassembled, the classification will remain the same.

The applicable subheading for the pet carriers of molded plastic will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, other, other, other, other. The rate of duty will be 20 percent ad valorem.

Your reference to the country of origin marking noted. Your concern is, what would be the correct country of origin marking for the unassembled units which will be assembled in the United States. 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.

The pet carriers are said to be products of Italy. Therefore each item must be marked "Made in Italy" in a conspicuous location as permanently as the article will permit.

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 Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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