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February 16, 1999

CLA-2-58:RR:NC:TA:351 D87677


TARIFF NO.: 5810.92.1000

Ms. Ruby L. Wood
Evans and Wood & Co., Inc.
P.O. Box 610005
D/FW Airport, TX 75261

RE: The tariff classification of motifs from China

Dear Ms. Wood:

In your letter dated February 3, 1999, you requested a tariff classification ruling on behalf of Hobby Lobby Stores, Inc.

Three samples of motifs were submitted. You state that each motif is made of 50% polyester and 50% rayon. They are adorned in different ways. Specifically, Item AS30 has approximately 90 PVC cup sequins, 3 plastic round beads and 15 plastic rice shaped beads. It measures approximately 7 by 4 inches in length and width and is oblong in shape. Item AS34 has approximately 10 PVC cup sequins and 16 round plastic beads of different sizes. This motif is shaped like a heart with a fleurette on one cusp. Item AS27 has approximately 40 PVC cup sequins and approximately 19 glass rocaille beads.

In your letter you state that the motifs will be used by the ultimate consumer to enhance special occasion garments or other numerous items. In a subsequent telephone conversation, you clarified that the items are multi functional in nature and will not be marketed to target the wearing apparel industry. They are for home craft use. Additionally, it was clarified that you were requesting a classification ruling and comments regarding the adequacy of the country of origin marking as it appears on the submitted samples.

All of the motifs are mounted on cardboard measuring 6 by 8 inches, and enclosed in clear plastic wrap. The words “Made in China” are printed on the back of each card in lettering measuring approximately 1/8 inch in height. Items AS34 and AS37 bear the name and address in Texas of a company. The name and address appears in lettering slightly smaller than that of the origin marking, on the same side of the cardboard mount and about one inch away from the U.S. address.

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.

The marking of these packaged motifs , as described above, satisfies 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 motifs.

The applicable subheading for the motifs will be 5810.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers, badges, labels and motifs. The rate of duty will be 6.3 percent ad valorem.

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 Camille Ferraro at 212-637-7086.


Robert B. Swierupski

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