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NY H88134





February 26, 2002

CLA-2-70:RR:NC:2:226 H88134

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.8000

Mr. Glen Oxendine
ALG Imports
2 Cadbury Lane
Piedmont, SC 29673-9180

RE: The tariff classification and the country of origin marking requirements of glass figurines from Russia

Dear Mr. Oxendine:

In your letter received on February 6, 2002, you requested a tariff classification ruling. A representative sample of the item was submitted with your ruling request.

The subject article is a miniature hand-blown glass figurine. You stated that the unit value of each figurine is less than $5.00. You further indicated in your letter that these figurines will be sold to retail stores/dealers or to individual consumers.

The applicable subheading for the glass figurines will be 7013.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes..: other glassware: other: other: valued over $3 but not over $5 each. The rate of duty will be 12 percent ad valorem.

With respect to marking requirements, it should be noted that Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that 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 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.

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.

Under 19 U.S.C. §1304 and 19 C.F.R. §134.32(d), an article is excepted from the marking requirements when the marking on the container will reasonably indicate the country of origin to the ultimate purchaser of the product. When Customs is satisfied that the ultimate purchaser will receive the merchandise in a container which is marked with the country of origin, the marking of the container is sufficient.

In this instance the marking of the boxes would be acceptable if the ultimate purchaser of the merchandise receives the products in these containers. If the products will be sold outside of the boxes, these items must be marked individually.

The marking of the boxes will be acceptable if the port director at the port of entry is satisfied that the ultimate purchaser will receive the marked boxes. The port director may request proof which indicates that the merchandise is sold to the ultimate purchaser in the marked boxes.

You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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