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NY G80979

September 14, 2000

CLA-2-39:RR:NC:SP:222 G80979


TARIFF NO.: 3924.90.2000

Ms. Lisa Y. Vega-Pravato
Walt Disney Attractions, LLC
P. O. Box 10000
Lake Buena Vista, FL 32830-1000

RE: The tariff classification and country of origin marking of plastic picture frames from China.

Dear Ms. Vega-Pravato:

In your letter dated August 10, 2000, you requested a tariff classification ruling.

The submitted sample is identified as a bendable picture frame called Benby Frame Mickey. It is made of polyvinyl chloride (pvc) material. Your letter of inquiry states that this product will be imported in four styles. Each style will vary in colors and artwork with the representing characters’ face at the chest area. The four character styles are Minnie Mouse, Mickey Mouse, Pooh and Tigger.

The bendable picture frame characters are three-dimensional figures. A picture can be inserted in the head portion. Your letter states that these items are intended to be used as a source of amusement and should be classified as toys in Chapter 95. However, picture frames are considered parts of general use and are excluded from classification in Chapter 95 by note 1(k).

The sample is returned as you requested.

The applicable subheading for the bendable character picture frames will be 3924.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: picture frames. The rate of duty will be 3.4 percent ad valorem.

You have also requested our opinion of your suggested country of origin marking. The submitted sample was not marked for our review. You state that the frames are made of molded plastic, the country of origin will be directly molded into the frame at the base of the foot. Your further state that the vendor has been instructed to add the word “China” in larger print at the other foot in order for it to be more conspicuous and easily read by the consumer.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of imported bendable picture frames from “China” as you described above, will be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the picture frames.

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 Alice Masterson at 212-637-7090.


Robert B. Swierupski

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