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NY I86783

October 28, 2002

CLA-2-42:RR:NC:3:353 I86783


TARIFF NO.: 4205.00.8000

Mr. Matthew McDonagh
King Menus
125 West Taylor Avenue
Meridian, Idaho 83642

RE: The tariff classification of a leather menu cover from Pakistan.

Dear Mr. McDonagh:

In your letter dated October 11, 2002 you requested a tariff classification ruling.

Your submitted sample is a leather menu cover. The folder like menu cover has a cowhide leather outer surface, the inside is covered with linen and the menu slips into four corner holders on each side.

The applicable subheading for the leather menu cover will be 4205.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of leather or of composition leather: other: other. The rate of duty will be Free.

You inquire about labeling needs and country of origin marking. 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.

Please note that separate Federal Trade Commission marking requirements may exist regarding country of origin, and other information that must appear on the item. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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