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March 25, 1999

CLA-2-85:RR:NC:1:112 D88736

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of an “American Flag Music Box” from Spain

Dear Mr. Hoffacker:

In your letter dated February 24, 1999, on behalf of Uneeda Doll Company, you requested a tariff classification ruling.

As indicated by the submitted sample, the “American Flag Music Box” consists of a circular plastic base with a flagpole and American flag. The device is battery operated and plays the National Anthem while the flag is automatically raised up the pole.

The applicable subheading for the “American Flag Music Box” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

You have also inquired as to the country of origin marking requirements for the retail package. 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. Based upon the photographs of the retail packaging which you have submitted, this office believes that the indicated country of origin marking is in compliance with the requirements.

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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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