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NY F86481

May 17, 2000



TARIFF NO.: 4202.31.6000

Ms. Barbara Sivek
World Commerce Services
830 Dillon Drive
Wood Dale, IL 60191

RE: The tariff classification of a leather wallet from China.

Dear Ms. Sivek:

In your letter dated May 5th, 2000, on behalf of Heritage Industries, you requested a tariff classification ruling.

The sample submitted with your request is identified as style #LA002, "trifold wooden box with emboss logo" and #562515, "black vacehetta trifold". Item #LA002 is a tri-fold leather wallet that measures approximately 4 1/4" x 3 1/4". It has a currency slot, multiple credit card slots, and a clear vinyl window for an I.D. card. It is imported packed for retail sale with a wooden box with a felt lining that measures approximately 5 3/4" x 4 1/2" x 1 3/4". The box is specially shaped and fitted to hold the wallet and is of a kind normally sold with jewelry and is of a kind suitable for long term use. Pursuant to General Rule of Interpretation 5 (a), the box will be classified with the wallet.

The sample submitted is not marked with the country of origin. 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.

Further, the words "New York" are stamped or printed on the wallet and the box. 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 applicable subheading for #LA002 will be 4202.31.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of leather, of composition leather or of patent leather, other. The rate of duty will be 8% 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 Kevin Gorman at 212-637-7091.


Robert B. Swierupski

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