United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G83268 - NY G83317 > NY G83285

Previous Ruling Next Ruling
NY G83285




October 27, 2000

CLA-2-44:RR:NC:2:230 G83285

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.10.0000

Ms. Nicha Caranto
101 Pembrook Loop
Staten Island, NY 10309

RE: The tariff classification of wood mobiles from Thailand

Dear Ms. Caranto:

In your letter dated October 12, 2000 you requested a tariff classification ruling.

The ruling was requested on wood mobiles made by hand in Thailand. Samples of three styles of mobiles were submitted. The samples will be returned to you as you requested.

One sample consists of a miniature bamboo cage and five wood dragonflies spaced apart and strung on a textile string. A second sample consists of a miniature bamboo fish basket and various wood fish and a wood seashell on a textile string. The third sample consists of four assorted wood insects interspaced with three 7/8” square mirror pieces on a nylon string. The essential character of the mobiles is imparted by the wood pieces because there are more pieces and larger pieces of wood than there are pieces of other materials.

The applicable subheading for the wood mobiles will be 4420.10.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for statuettes and other ornaments of wood. The duty rate will be 3.2 percent ad valorem.

Articles classifiable under subheading 4420.10.0000, HTSUSA, which are products of Thailand are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

We note that the samples were not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that unless excepted, every article of foreign origin (or its container) imported into the United States 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 United States the English name of the country of origin of the article.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: