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January 28, 1999

CLA-2-69:RR:NC:2:227 D86730


TARIFF NO.: 6913.90.5000

Mr. Larry G. Satchfield, Jr.
Coast Marketing
6249 Red Creek Rd.
Long Beach, MS 39560

RE: The tariff classification of decorative ceramic articles from Mexico.

Dear Mr. Satchfield:

In your letter dated January 7, 1999, you requested a tariff classification ruling.

The samples submitted are two decorative ceramic articles, measuring 2 and 4 1/4 inches in height, which consist of cracked egg-shaped shells with bird-like figurines emanating from their cutouts. One of the items also depicts a bird-like figure sitting on the top portion of the eggshell, while possessing the wording “Mississippi Gulf Coast” printed around the cutout section of the shell. It is noted that both items are marked “Made in Mexico” on their bottom portion.

The applicable subheading for these decorative ceramic articles will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles. The general rate of duty will be 6 percent ad valorem.

In regard to proper marking requirements, 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.

It has been determined that the marking of the eggshell indicating the name of the U.S. locality (Mississippi) on the exterior of the main body with the country of origin (Mexico) situated on the bottom portion is not an acceptable form of marking since it is misleading and, therefore, must be marked in accordance with the above 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 212-637-7073.


Robert B. Swierupski

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