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August 11, 1999

CLA-2-:RR:NC:1:115 E85575


TARIFF NO.: 7326.90.4500

Ms. Susan Loades
Aloyd Forwarding Co., Inc.
149-09 183 Street
Springfield Gardens, NY 11413

RE: The tariff classification of Iron Horse Shoe from China.

Dear Ms. Loades:

In your letter dated August 3, 1999 you requested a tariff classification ruling on behalf of your client Von Pok & Chang Incorporated.

The sample submitted RN# 98435 is a “Marlboro” ornamental horse shoe made of iron. The horse shoe will be packaged in a clear plastic bag sealed with the markings Made in China and RN# 98435 printed on the outside of the plastic bag.

The sample will be returned as per your request.

The applicable subheading for the iron horse shoe will be 7326.90.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of iron or steel: Horse and mule shoes. The rate of duty will be Free.

In your request you ask if the country of origin marking of the horse shoe be waived and that the sealed plastic bag be acceptable.

Country of origin marking required under Section 134.11 of the Customs Regulations. Unless excepted by law, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place a legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States, Containers of articles excepted from marking shall be marked with the name of the counrty of origin of the article unless the container is also excepted from marking. Section 134.32 lists general exceptions to marking requirements. Under part (d) of the section Articles for which the marking of the containers will reasonably indicate the origin of the articles. As per your sample the horse shoe in a sealed plastic bag with the country of origin China being legible would be acceptable for the marking requirement of (19 U.S.C. 1304). The sealed plastic bag will reach the ultimate purchaser in that condition.

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 Melvyn Birnbaum at 212-637-7017.


Robert B. Swierupski

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