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NY A89716

November 26, 1996

CLA-2-82:RR:NC:1:115 A89716


TARIFF NO.: 8205.51.3030

Mr. Samuel Zekser

Sobel Shipping Co., Inc.

170 Broadway Suite 1501

New York, NY 10038-4184

RE: The tariff classification of a bottle opener from China.

Dear Mr. Zekser:

In your letter dated November 21, 1996, you requested a tariff classification ruling, on behalf of your client, Paladin II Limited, Mamaroneck, NY.

The subject item, approximately 5" in length, is a steel bottle opener with a plastic housing for a voice component and batteries. When contact is made between a bottle and the opener, a voice emits from the plastic housing with that of a sound of a dog barking. This feature is to promote the brand name of the product, Two Dogs, which is indicated on the product.

Your merchandise is considered composite goods, consisting of different materials or made up of different components. This item shall be classified as if it consisted of the material or component which gives it its essential character. In this instance, the steel bottle opener imparts the essential character.

The applicable subheading for the bottle opener will be 8205.51.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for other household tools: kitchen and table implements and parts thereof: of iron or steel: other. The duty rate will be 4.7% ad valorem.

Your query also requests a country of origin marking ruling on the bottle opener. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

Section 134.44 (b), Customs Regulations (19 C.F.R. §134.44 (b)), addresses the marking requirements for paper stickers. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. Your permanently attached sticker with the designation made in China is an acceptable form of marking.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 Melvyn Birnbaum at 212-466-5487.


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