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NY H87739

February 26, 2002

CLA-2-39:RR:NC:SP:222 H87739


TARIFF NO.: 3924.90.5500

Mr. Charles S. Parisi
Parisi Services, Inc.
P. O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of plastic flower pots from Australia.

Dear Mr. Parisi:

In your letter dated February 11, 2002, on behalf of your client Vertigro, you requested a tariff classification ruling and country of origin marking.

The submitted sample is identified as Vertigro Stack-A-Pots. This item comes complete with four plastic pots, one suitable length of chain, one heavy-duty slip ring, two chain locking discs and a plastic drip tray. This product allows the individual to create a variety of displays with various plants or flowers. The pots are held in position on the chain with a locking disc. The flower pots are of the type that would be used in and around the home.

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 C.F.R. §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 C.F.R. §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 C.F.R. §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.

You state that the item is marked with a self-adhesive sticker with the words "Australian made." If pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. The country of origin label on the sample submitted with your request has been secured not onto the sample itself but onto the printed paperboard card that fits inside the topmost stacking pot. The card is printed on one side with illustrations of the pots in various configurations and on the reverse side with instructions on how to connect and hang the pots. The printed card is clearly designed to remain with the pots until they reach the ultimate consumer. The sticker printed with the words "Australian made" has been placed in a conspicuous location on the front of the card and is sufficiently secure that it cannot be peeled off the card.

The proposed marking of the flower pots as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking.

The applicable subheading for the Stack-A-Pots will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other, other. The rate of duty will be 3.4 percent 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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