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NY I84767

August 20, 2002

CLA-2-94:RR:NC:2:227 I84767


TARIFF NO.: 9405.50.3000

Mr. Joel G. McClure
Restoration Hardware
2391 West Winton Avenue
Hayward, CA 94545

RE: The tariff classification and marking of hurricane lamps from China.

Dear Mr. McClure:

In your letter dated July 26, 2002, you requested a tariff classification and marking ruling.

The subject merchandise is three hurricane lamps (non-electrical candleholders), style numbers 3102-0314, 3102-0315 and 3102-0316, that consist of three different-sized cylindrical-shaped glass chimneys measuring approximately 4 inches in height by 3 inches in diameter, 8 inches in height by 5 inches in diameter, and 11 inches in height by 6 inches in diameter, respectively. These chimneys, which originate in Poland, are inserted into round-shaped nickel-finished brass bases originating in China.

The applicable subheading for these hurricane lamps will be 9405.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings: of brass. The rate of duty will be 5.7 percent ad valorem.

In regard to the proper marking of these articles, 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.

In the instant case, it has been determined that the glass chimneys should be marked to indicate Poland as the county of origin, while the brass bases should be marked to show China as the country of origin, all in accordance with the above-stated marking regulations.

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 George Kalkines at 646-733-3028.


Robert B. Swierupski

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