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NY D83767

November 10, 1998

CLA-2-69:RR:NC:2:227 D83767


TARIFF NO.: 4911.91.3000; 8306.10.0000; 6913.10.5000

Mr. Reginald Williams
A.N. Deringer, Inc.
RR 3, Box 5400
Houlton, ME 04730

RE: The tariff classification of a gift card from Canada and the classification and marking of wind chimes and porcelain figurines from China.

Dear Mr. Williams:

In your letter dated October 13, 1998, on behalf of Knob Hill Gallery, you requested a tariff classification and marking ruling. Samples are being returned as requested.

The samples submitted consist of the following items from the Catherine Karnes Munn collection:
a) a rectangular-shaped gift card depicting a printed bucolic-like picture which is mounted on two layers of mat board with a top textile loop for hanging.
b) a wind chime consisting of a resin house-shaped figure onto which is affixed via textile loops, at the bottom portion of the base, several metal rod-shaped chimes measuring 5 1/2 to 7 1/2 inches long. Further, there are three tear-drop shaped resin pieces which are attached along with the chimes in noting that one of them indicates the wording "Made in China" while all together they spell the collector's name "Catherine Karnes Munn." This article is then packaged in a cardboard container which is marked "Made in China" above the importer's Canadian address.
c) handpainted porcelain figurines, which measure approximately 4 1/2 inches high and depict youngsters, in turn-of-the-century attire, standing on a decorated base. These items, which are manufactured in China, are retail-packed in cylindrical-shaped cardboard containers of Canadian origin that indicate the wording "Designed in Canada" above the importer's Canadian address.

The applicable subheading for the gift card will be 4911.91.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other printed matter...lithographs on paper or paperboard: over 0.51 mm in thickness. The rate of duty will be free.

The applicable subheading for the wind chimes will be 8306.10.0000, HTS, which provides for bells, gongs and the like, non-electric. The rate of duty will be 5.8 percent ad valorem.

The appropriate subheading for the porcelain figurines will be 6913.10.5000, HTS, which provides for other ornamental ceramic aricles of porcelain. The rate of duty will be free.

You inquire, with respect to marking purposes, whether the wind chimes or its packaging should indicate "Made in China," in addition to determining the proper country of origin for the porcelain figurines.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side (s)or surface (s) in which the name or locality other than the actual country of origin appears.

Therefore, in order to be in compliance with these regulations, both the wind chimes and its cardboard container (possessing a different locality other than the country of origin) should be marked as indicated in the above-stated manner. Moreover, each porcelain figurine must be marked, at the bottom portion of the base, with the wording "Made in China" and its container must also clearly indicate on the outside portion of the box that the porcelain figurine is "Made in China" as well as the container's country of origin "Made in Canada" in accordance with the above-stated regulations.

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 George Kalkines at 212-466-5794.


Robert B. Swierupski

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